Getting out of a tenancy agreement early

Kaleidoscope1972

We are in a bit of a predicament..we took on a 12 month tenancy agreement on May 6th this year and only took on the tenancy as we were led to beleive by the landlord that this was a long term let as he and his family were abroad for the long term...unfortunately landlord has now hinted that he wants to move back in May when our tenancy agreement ends but has told us that he is not obliged to let us know for definate until 2 months before the end, when he will serve us notice...we have recently discovered that we have another baby on the way, but due date is 6th May!..we are worried sick as I could potentially find myself moving house either just as Im about to give birth or straight afterwards and what we really want to know, is if there is any way of getting out of a 12 month tenancy agreement..a couple of months early, so we can at least be settled before the baby is due..

clutton_2

try not to worry too soon -

look in your tenancy agreement for a "break clause" - if you find a clause about "notice" or "forfeiture" tells us what it says please

Kaleidoscope1972

Found the notes on forfeiture..this is what it says:
If at any time during the term:
The rent or any part of the rent shall remain unpaid for 14 days after becoming payable or:
the tenant does not perform or observe tenants obligations or
the tenant shall become bankrupt or enter into a volunraty agreement with his creditors or:
the premises are without the consent of the landlord left vavacnt or unoccupied for more than 2 weeks or:
if any of the grounds listed in shedule 2 of the housing act 1988 as amended by the housing act 1996 namely grounds(8,10,11,12,13,14,15 or 17) then the landlord may re en ter the premises (provided he first complies with his stautory obligations). This means that the landlord must issue proceedings and an order for possession in the county court. At this time the tenancy will come to an end but this will not affect the landlords right of action in respect of the breech of tenants obligations contained in this agreement

Kaleidoscope1972

cant find anything about notice apart from where to serve notice to..and these notes on forfeiture are the only ones I can find

franklee

If there is no break clause then you are tied in for the whole twelve months unless the landlord agrees to release you. Otherwise you can move out early but will still be liable to pay the rent till the end of the 12 months.

There was a thread recently where a tenant was having to move when her baby was due as the landlord wished to sell. Like you she was initially told it was to be a long term let and it turned out not to be. Likewise we have many soon to be landlords on here saying they want to let while they are abroad for a year, there is no saying what they plan to tell their prospective tenants as few tenants would want the expense of moving in for just a year.

You will be (or may have already been) served a section 21 notice requiring possession giving you a minimum of two months notice. The earliest this can end is at the end of the fixed term, May 5th next year. You do not have to leave when the notice period is up, and if you stay the landlord needs to seek a possession order through the courts to evict you which may take a while, it should give you at least another couple of months which will see you through the birth. Not a nice position to be put in as it's stressful and may well damage your references to stay on but if your health dictates you need the extra time then you can go that route.

Do check to see if you have already been served a section 21 notice as many agents and landlords serve them as routine soon after the start of the tenancy.

As the law stands there really is no security of tenure for good tenants, so there isn't much you can do to avoid this situation other than ask the landlord's plans for the property before you sign up, but you already did that.

dodger1

You could of course get in touch with your landlord and let him know your predicament. Not all landlords are ogres, he may be happy to help once he knows your fears.

alun4

Looking at it from the other side of the fence, a long term good and honest tenant who cares about the property and treats the place with respect, neighbours with respect, and is the personality fronted when the rental is being discussed is worth their weight in gold.

I think it is like being a good employee hard working for a company, most times they really want YOU!

I bet most landlords could give horrific stories about past tenants but of course, sometimes, peoples plans change. Work together and if the landlord is good .... talk!

Kaleidoscope1972

Thanks..I had a feeling we were locked in for the 12 months..we are beside ourselves with worry as I am high risk during pregnancy and need to rest during the last few weeks..our only other option is to find somewhere else before our term ends and pay two lots of rent which we simply cannot afford..my husband has emailed the landlord last night and explained the situation and has had an email back saying they are moving back at christmas and want us out at the end of the tenancy..the landlord said we were dream tenants but sadly his wife is homesick and wants her house back..the tenancy was arranged through a lettings agent and now is manged by a mangement company.

We do feel cross as we suspect they were coming back early all along..as they left everything in their name and have kept things like credit cards etc in the same address..we have even had their friends popping round asking if they are back yet

DVardysShadow

Kaleidoscope1972 wrote: »

... .my husband has emailed the landlord last night and explained the situation and has had an email back saying they are moving back at christmas and want us out at the end of the tenancy..the landlord said we were dream tenants but sadly his wife is homesick and wants her house back .....

We do feel cross as we suspect they were coming back early all along..as they left everything in their name and have kept things like credit cards etc in the same address..we have even had their friends popping round asking if they are back yet

Well, it looks like your best bet is to negotiate an early end to the tenancy in the new year - obviously they are not totally convinced landlords

Kaleidoscope1972

Just out of curiousity..how would I know if we had been served a section 21..as I dont recall signing anything like that and there is nothing in the paperwork

mlz1413

Kaleidoscope1972 wrote: »

...my husband has emailed the landlord last night and explained the situation and has had an email back saying they are moving back at christmas and want us out at the end of the tenancy..the landlord said we were dream tenants but sadly his wife is homesick and wants her house back...

Write to the LL & LA saying thank you for the advance notice that the tenancy will not be re-newed in May, as you are now pregnant and due as the AST ends would it be possible to be released early so that you can find another property before your due date and ask what the earliest date would be if this is acceptable.

I'm thinking that if they are back for Xmas they might let you leave 6th Dec or anytime after so they can have their 'house back'. Even if you are allowed to leave anytime after the NY but before May would help!