Getting out of tenancy early

tomhann187_2

We are two weeks in to a 6-month tenancy agreement. Upon walking the dog over the fields at the bottom of the road, I was approached by a man who made me feel very uncomfortable. He followed me home and I have since seen him loitering out side of the house on several occasions. I am not sure if this man is in 'full mental health' but nevertheless he frightened me.

I now hate being in the house. I am scared of seeing the man again and am always checking that the doors are locked and looking out of the window. I can't live like this and I am really unhappy. I do not feel safe in my own home.

My question is can I end the tenancy early? What would the repercussions be (we have paid a deposit and 1 month's rent in advance) and what am I obliged to do with regards to the tenancy (i.e. stay in the house until a new tenant is found, pay my way out etc).

Many thanks for any replies

Out,_Vile_Jelly

Why haven't you asked neighbours about the man, or contacted social services or even the police if it's that intimidating?

No you can't legally break your contract. Your LL might release you if you pay the costs of finding a new tenant, but is under no obligation to do so.

Jowo_2

You are obliged to honour the terms of your legally binding contract in full unless the landlord is happy to give you an early surrender to it, in which case you can expect to pick up any additional expenses, such as re-advertising costs, and pay rent until a new tenant moves in, otherwise you must pay for the entire fixed term. The Shelter website will give good info on your commitment to a fixed term tenancy and the consequences of leaving early.

However distressing this situation is, it isn't anything that the landlord can influence or control, this issue is ultimately between you and the person that makes you feel uncomfortable and is for you to resolve, so you need to take additional separate steps to deal with it outside of seeking to terminate the tenancy which could take some time.

What you need to do is contact the Police for advice on the person that you feel is stalking you and seek information from sites on the internet that deal with female safety and security. You could ask the landlord to fit extra security devices in the property, though, or permission to fit them yourselves. Keep the landlord informed of the problem.

Good luck. Hope this situation resolves very soon for you.

tomhann187_2

Thanks to both of you. I have contacted the police and they have asked me to log times and dates when I see the man etc - so I guess the case is ongoing at this stage. There is nothing much they can do at this stage as he has not been physical nor has me threatened me. I'm going to speak to my LL in any case and see what she suggests.

Any more ideas welcome

Welshwoofs

Would echo Jowo, if you feel this person really is stalking you then you should contact the police. In all honesty, you can't move house every time someone makes you feel uncomfortable in life.

I'd also add that if you believe this person to have mental issues, you shouldn't also assume that they are dangerous....it's that sort of thinking which really does alienate such people in our society and the truth is that it's a tiny minority of people with mental problems who are dangerous. For all you know, he could simply love dogs and is hanging around trying to meet yours.

Have you actually gone outside and asked him if he's ok? That may give you some information and if he's simply standing right outside on broad daylight rather than skulking around at night, it could well be that the guy has an innocent explanation. In short, I'd not be so quick to judge.

And no, you can't get out of your tenancy on that basis - it's no fault of the LL.

mlz1413

Can you go and talk to the man with your partner and find out why he is following you, although you assume he is following you he could be going about his normal life and you have started walking your dog at his time of day.

Years ago I kept bumping into the same guy, we constantly passed each other; he would be walking crossing the road as I was waiting in the car at a junction, he would be in the same shop, walking the same road as I did at lunch time etc at first I worried about it but then I thought he never speaks, he rarely looks me in the eye and he is probably as bemused as me at the number of times a day we pass each other. And true enough when I moved home although I had the same job I rarely saw him again, my rountine had changed his had not.

Fire_Fox

Get yourself a personal safety alarm and carry it with you.

theartfullodger

The OFT have produced guidance on unfair terms in tenancy agreements and they are of the view that you should be able to sub-let or assign the tenancy...

see...
http://www.oft.gov.uk/advice_and_resources/publications/guidance/unfair-terms-consumer/oft356
In other words if someone equally suitable (eg credit checks, no pets, good references like you..) can be found the Landlord should permit them to take over the tenancy..

See page 55 of the OFT document, 18(d).....

Good luck, hope it sorts out!

Cheers!

Lodger

N79

theartfullodger wrote: »

The OFT have produced guidance on unfair terms in tenancy agreements and they are of the view that you should be able to sub-let or assign the tenancy...

see...
http://www.oft.gov.uk/advice_and_resources/publications/guidance/unfair-terms-consumer/oft356
In other words if someone equally suitable (eg credit checks, no pets, good references like you..) can be found the Landlord should permit them to take over the tenancy..

See page 55 of the OFT document, 18(d).....

Good luck, hope it sorts out!

Cheers!

Lodger

True but the one thing you need to add is that it is the T, not the LL who needs to find a replacement T. Hence why if the T asks the LL to do this the T will have to pay the LL's costs.

prudryden

theartfullodger wrote: »

The OFT have produced guidance on unfair terms in tenancy agreements and they are of the view that you should be able to sub-let or assign the tenancy...

see...
http://www.oft.gov.uk/advice_and_resources/publications/guidance/unfair-terms-consumer/oft356
In other words if someone equally suitable (eg credit checks, no pets, good references like you..) can be found the Landlord should permit them to take over the tenancy..

See page 55 of the OFT document, 18(d).....

Good luck, hope it sorts out!

Cheers!

Lodger

But not before 3 months of a 6 month contract in any case.

theartfullodger

Pru/N79: Thanks for your kind comments....

But, IMHO, a considerate & fair Landlord would try to accommodate their tenants' wishes, particularly when the result may be an even longer tenancy, at no significant additional cost to themselves. The British way, surely is to do the decent thing?

The OFT seem simply to be pointing out the b****in' obvious in most cases: If Landlords & Agents dig their heels in and are inflexible & unfair I am sure the OFT will eventually take someone to court, as they have with Foxtons.... see
http://www.oft.gov.uk/news/press/2009/38-09

Cheers!

Lodger (Landlord since 2000).