Ending a fixed term rental agreement early

rutherford777

Hi all, hoping someone can give me some much needed advice!

I am currently 6 months into a 12 month fixed term agreement with my now ex girlfriend. Things started to go sour earlier this year and now she has found someone else As you can understand, I'd like to get out of there asap as it's affecting me pretty badly.

We are both tied into the agreement, so as far as I am aware I'd need her permission to surrender the agreement with the landlord. She isn't prepared to do this as she does not want to move (she feels it will affect her job amongst other things). I have recently secured a job in another location and it would make sense for me to move nearer to the area.

As far as I can see, there isn't a break clause in the agreement. It mentions about the surrender, but we'd be liable for any rent due until the landlord finds a replacement tenant or until the agreement ends. That's all well and good but if I can't get permission from my ex, what are my options? She says she cannot afford to take on the flat all by herself and says there is no one else who could move in and take my place.

Any ideas?? Many thanks in advance :beer:

Jowo_2

According to the Shelter website, in a joint tenancy agreement, the agreement ends for both parties if one tenant serves notice (assumption: when served correctly).

It is then up to the remaining tenant who wishes to stay to negotiate a new contract with the landlord.

Since she evidentally won't sign for the contract in her sole name, you should speak to Shelter about your options, in case your ex remaining in the property, means your obligation to pay will continue despite your lack of occupation. In other words, that the tenancy continues in the same joint way simply because she won't cooperate with moving out or signing a new one.

Has your ex considered moving out to a cheaper property or do you think she is determined to make you pay your share for the remainder of the fixed term?

rutherford777

Hi Jowo, many thanks for the quick reply.

She is very set in her ways and can be selfish at times - she has commented several times that she won't move as it suits her here and she's very snobby about house shares. I feel a bit stuck really as I'm certainly not the type to upsticks and leave her in the lurch, but I feel I can't live with her for another 6 months knowing that she's with someone else and could be bringing him round when I'm not here and such like. She's already told me not to answer the house phone anymore in case he calls (he's on duty with the army and they can only call landlines apparently).

I didn't know that the agreement ends for both parties when just one surrenders so that's handy to know, if thats the only thing I can do and have to pay my share of the rent still then so be it I guess. I'll definitely consult Shelter and see what else they say :j

Jowo_2

rutherford777 wrote: »

I didn't know that the agreement ends for both parties when just one surrenders so that's handy to know, if thats the only thing I can do and have to pay my share of the rent still then so be it I guess.

Yes, my fear is that her resistance to signing a new contract and unwillingness to leave may make you obligated to pay for the remaining fixed term. Also, perhaps the landlord will be reluctant to accept an early surrender when not agreed by both parties. After all, she may get obstructive and not allow any viewings by potential replacement tenants.

You should also check with Shelter what happens if you give notice to the landlord ending the tenancy at the end of the fixed term but she remains in place without signing a new contract - whether you still continue to be exposed because of her continuing occupation when it becomes a periodic tenancy. You'd need to check how it stands if the landlord accepts the notice but the joint tenant still lives there - after all, possession has not ended if the property is still occupied and the key has not been handed back.

Failing that, your only option could be to be harsh and tell her that you won't pay your share which exposes her to eviction and you to legal action by the landlord and a possible CCJ. Perhaps this will give her a jolt into accepting that if she wants to be a lumberjack, she has to carry her own logs...

Fire_Fox

Why are you letting this girl treat you like a doormat? Do you have an obliging female friend/ colleague that could turn up late at night and sit giggling loudly in your room? How would you feel about deliberately sitting near the landline so that you always answer it first in your deepest voice? Could you have a party the night before she has an important meeting at work? I am supremely good at winding up exes.

mark5

How are the bills normally paid?

theartfullodger

You should also check with Shelter what happens if you give notice to the landlord ending the tenancy at the end of the fixed term but she remains in place without signing a new contract - whether you still continue to be exposed because of her continuing occupation when it becomes a periodic tenancy.

Nope: As long as the notice2quit is worded and served correctly (send two letters, separate post offices, with proof-of-postage from both...) then the tenancy will end... As it is fixed term it will end, if you word it right, at the end of the fixed term. You remain (unless the landlord drafted the tenancy very very badly) jointly & severally liable for the rent to the end of the fixed-term.

I think an option might be to explain to her that her tenancy will be ended by you unless you&she can do a deal allowing you to leave early & she takes on all the rent... However unless this is done carefully she might just say "yes" and then you stay jointly-and-severally liable during the periodic follow-on..

Best bet is persuade her you are leaving anyway, the tenancy will end, but if she plays ball you'll agree to her/some-new-mug taking over the tenancy as long as you are released from your obligations by the landlord (not by her..). The Landlord will (reasonably..) want to credit-check/take-references for the new-mug.

Hope it works out: I'm sure there are many more deserving partners for you to hook-up with ... Xmas party time!!

Cheers!

Lodger

Wine_of_the_World

Although she isnt being fair, you are probably better not to try her up and make things worse. However tempting it might be.

Have you looked into what housing benefit she would be entitled to if you moved out? If she is over 25, and depending on what she earns already it could be enough for her to take over the lease. Check with your LHA and she maybe happy to take it over if she is able to afford the place.

Also, as you are both equally liable for the rent, I think, if things got really bad and you had to move out and didnt leave and address, or left the wrong one, that the landlord would be more likely (due to ease) to chase her for the outstanding rent, if there was any. Not the right thing to do at all, but as a last resort . . .

chappers

The fundamental problem here is not whether one party can give notice to end the tenancy but the fact that neither of you can give notice until the end of the fixed term.
The way she has treated you I would just up sticks and leave her to her own devices, move out of town to your new job and sever all contact with her, if neither she nor the LL know where you are then the LL will have to chase her for any rent she doesn't pay.