Ending tennency agreement early help please

davidward_2

Hi there
me and my wife moved into a really nice apartment at the end of march this year for a 1 year contract
my wife has lost her job and is also expecting a baby
we looked at the contract to see if there was any way we could end early but they are talking about charging us re advertising costs if we do

would it be possible to end it early i havent got a clue
its through whitegates if thats any help

please anyone advise thanks very much

Fishingtime

I don't think you can end it early (certainly without paying some penalty)
You signed a legally binding contract as did the LL

Smiley82

Hi,

A contract is a legally binding agreement, and you are liable for the rent until either the end of the contract period, or until such time that a replacement tenant is found.

Check your contract and make sure that there isn't a break clause in there (they are sometimes put in at 6 months on a 1 year contract).

Generally speaking, you can end your contract early providing you cover the re-advertising costs, and any out of pocket expenses for the landlord (i.e. loss of rent during changeover etc).

Best thing to do is talk to your agent and let them know your circumstances. Tell them you can no longer afford to live in the flat and that your circumstances have changed, and ask for their sugestions.

Hope that helps.

barnaby-bear

davidward wrote: »

Hi there
me and my wife moved into a really nice apartment at the end of march this year for a 1 year contract
my wife has lost her job and is also expecting a baby
we looked at the contract to see if there was any way we could end early but they are talking about charging us re advertising costs if we do

would it be possible to end it early i havent got a clue
its through whitegates if thats any help

please anyone advise thanks very much

Conversly your LL can not choose to end your contract early either - any termination would have to be by agreement and they'd probably want their agency fees for readvertising/tenant finding.
Presumably you are still working so have an income if this is low you should find out what you can claim, benefits, tax credits and housing benefits and look at boards like DFW and old-style to manage your budget efficiently.

Fire_Fox

Why would you want to end the tenancy early? Presumably you can't afford somewhere larger if you only have one income? Have you applied for benefits yet?

ClareEmily

We got out of our contract early, we had to pay £100 for them to re-advertise the flat, and we were still liable for it until new tenants were found.

In the end we had to pay an extra month's rent after we moved out, and of course the utilities, apart from council tax which can be stopped for 6 months (depending which area you fall under) if the house is empty.

Have a word with the estate agents, they have probably come across this many times before.

ClareEmily

Smiley82 wrote: »

Hi,

A contract is a legally binding agreement, and you are liable for the rent until either the end of the contract period, or until such time that a replacement tenant is found.

Check your contract and make sure that there isn't a break clause in there (they are sometimes put in at 6 months on a 1 year contract).

Generally speaking, you can end your contract early providing you cover the re-advertising costs, and any out of pocket expenses for the landlord (i.e. loss of rent during changeover etc).

Best thing to do is talk to your agent and let them know your circumstances. Tell them you can no longer afford to live in the flat and that your circumstances have changed, and ask for their sugestions.

Hope that helps.

Must have skipped past this answer, yes this is exactly what I wanted to say, especially the part in bold.

CIS

from council tax which can be stopped for 6 months (depending which area you fall under) if the house is empty.

I assume you referring to the Class C exemption for empty and unfurnished properties - this is a national scheme and doesn't vary by areas as the L/A's don't have powers to vary it on a local level (yet).

mlz1413

If agents are only talking about you paying re-advertising costs then I think that is very fair as this is the minimum it will cost them.

Be prepared to let them do viewing so that it can be re-rented asap.

Just a side issue where will you move to? will the fact you are missing your wife's income effect your ability to rent again? If so you should talk to CAB or the benefits agency before you give up your tenancy as you don't want to be homeless.

mummydarling

sorry to hijack this thread, but we are in a very similar situation. After being on the housing register for 5 years, we have finally been offered social housing. We are 2 months in to a 6 month AST agreement. We were told when we moved in we would be the last tenents as the house we currently live in is due for demolition! So in our situation, it's unlikely the house will be re-let after we leave. It's owned by the Co-op and they actually own the house.
The landlady told me yesterday we will be liable to pay rent until November, which we cannot afford to do. We've never been in arrears and the rent is paid in advance. Going to CAB tomorrow, our contract does not state anywhere what we should do if we need to end the tenency early.
Any ideas?

Jowo_2

mummydarling wrote: »

..our contract does not state anywhere what we should do if we need to end the tenency early.
Any ideas?

That's entirely usual for a 6 month fixed term contract (which is fixed for both parties - the landlord cannot end it early.) Unless it has a notice period or break clause in it, its unbreakable unless the landlord agrees to an early surrender.

Shelter are also helpful as well as CAB.

http://england.shelter.org.uk/get_advice/renting_and_leasehold/ending_a_tenancy_or_licence/ending_a_fixed_term_agreement