Ending a Tenancy Early

NatDub

Hi,

I'm just looking for a bit of advice please. I entered into a tenancy for a property in August 2009 for 6 months, due to end in February 2010. In October I advised my landlord that I wanted to leave the property due to relocating to the Middle East. He agreed that I could leave early and would let me off the rent if another tenant could be found. I confirmed this to him in writing and have been advertising the property myself since. He has now placed the property on with local agents (only within the last 3-5 weeks) and now I will have to pay Decembers rent as no tenant has been found, possibly even Januarys.

I have also been advised that I have to pay council tax and utilities up until the end of the tenancy even though I will not even be in country let alone the property. I am happy to pay my obligations but feel that the landlord has not done his utmost to get his propetry filled therefore I'm incurring costs that I actually cannto afford (I will not be working in the middle east imemdiately). I am also concerned that he may enter in to the property and use the heating etc to heat up the house so that it doesn't get damp etc. What can I do about this, anything? I spoke to my local council who firstly advised that I would not be liable to pay the council tax as I am not in the property!

I have only just received a copy of my tenancy agreement (after requesting this since the day I signed it!) and most of it is eligible due to bad copy. From what I can tell there is actually no break clause but the landlord did confirm he is 'happy' for me to leave, I did confirm this in writing to him.

I'm basically just asking what my rights are with regards to what I have to pay and how I can monitor thinsg as I will be in the Middle East from end of December and there is no management agency involved.

Many thanks in advance.

silvercar

I don't see how you can blame the landlord for not finding a tenant when you also haven't managed to find one.

If you give up the tenancy, though you have obligations to continue paying the rent, I doubt you would have obligations to continue with utilities. If you don't want to allow the landlord to enter while you are still paying rent, then you have an obligation to act in a tenant like manner, which includes preventing damp etc. If you want to give up the tenancy then it would be upto the landlord to take over the utilities and look after the property.

Council tax is a matter between you and the council, you can apply for an exemption if the property is empty.

clutton_2

Most tenancy agreements say that tenants are responsible for council tax and utilities - therefore you are resposible for the council tax and utilities until the end of the tenancy - irespective of where you are living

If the weather gets freezing and there is no heating, pipes will burst and you will be responsible for the damage that follows - would you rather pay a few pounds for heating in the house (even if you are not there) than hundreds/thousands for water damage ??

you signed an agreement for 6 months and 2 months later you want to leave.... the LL is PERFECTLY entitled to make you pay rent till he finds someone else to live there

Finding tenants at this time of year is extremely difficult - why should the LL be out of pocket because you had a change of mind about where you want to live ?

NatDub

Thanks for all your comments.

It's not actually my choiuce to leave, I have been relocated it's either that or do not have a job therefore I cannot pay the rent anyway. I am well aware of my obligations I was just enquiring if anyone had been in a similar situation and what they had done.

My only issue with him not finding a tenant is ttat he did not act upon this when I first requested, told me to mind my own business when I enquired if he's placed the proprty on the rental market. I have actually managed to arrange approx. 10 viewings, him - none! There is nothing in my tenancy, from what I can read that states I am eligible for his water pipes...if I don't live there, I'm not paying to heat it! Nothing in agreements states I have to.

Thanks again for your responses. Thought it was be as much just wanted to check as I've received confilicting info so far.

adg1

NatDub wrote: »

It's not actually my choiuce to leave, I have been relocated it's either that or do not have a job therefore I cannot pay the rent anyway.

But its also not the landlords choice to have you leave a 6 month contract 2 months in. The landlord has an obligation to mitigate your losses but is fully within his rights to hold you to the full term of your contract.

NatDub wrote: »

There is nothing in my tenancy, from what I can read that states I am eligible for his water pipes...if I don't live there, I'm not paying to heat it! Nothing in agreements states I have to.

There will probably be a clause along the lines of "damage to the property shall be the reponsibility of the tenant if that damage is deemed to be caused by something the tenant has done or not done".

Every tenancy agreement I have seen states that the T shall be responsible for the utility bills until the end of the tenancy, not when the tenant decedes to move out.

Ask for a legible contract from the LA and read through it carefully. You'll probably find you'll be responsible for the landlords fees if the LA finds a new tenant for the landlord.

silvercar

I have actually managed to arrange approx. 10 viewings, him - none!

Getting people through the door is not that difficult, clearly getting anyone to take the tenancy is. The actual score is 0-0. Have you thought about reducing the rent and chipping in the extra yourself.

There is nothing in my tenancy, from what I can read that states I am eligible for his water pipes...if I don't live there, I'm not paying to heat it! Nothing in agreements states I have to.

Landlord/ tenant law would apply which requires you to lok after the property in "a tenant like manner". So you could drain everything down or you could leave the heating on low. Doing nothing puts you at risk.

Jowo_2

NatDub wrote: »

There is nothing in my tenancy, from what I can read that states I am eligible for his water pipes...if I don't live there, I'm not paying to heat it! Nothing in agreements states I have to.

Tenants are obliged to act in a tenant like manner and must adequately heat and ventilate the property. They are responsible for any damaged caused by their negligent behaviour, including expenses associated with mould, burst pipes and so forth. Run your situation past Shelter who will confirm you and your landlord's rights and responsibilities.

clutton_2

""There is nothing in my tenancy, from what I can read that states I am eligible for his water pipes...if I don't live there, I'm not paying to heat it! ""

yes there is... you have to b ehave i a tenant-like manner as others have said, and you have to behave in a responsible manner, by preventing any damage to the property whilst it is in your control WHETHER YOU LIVE THERE OR NOT, - if you abandoned my property in the winter and left it with no heating and i got burst pipes and needed to replace ceilings, carpets, furniture, decor etc etc i would sue you for everything you have.... but then you are moving abroad so i expect you're thinking "stuff him" and that you will just beggar off leaving him in the lurch

YOU are in the wrong here by leaving your tenancy early, and you ought to be cooperating with the LL to help reduce YOUR legal responsibilities - not trying to evade them.

The LL is doing you a favour by accepting an early surrender, he does not have to do that....