Breaking Rental Agreement

TubbytheTuba

Can anyone help me with advice as to what to do? We currently rent a 3 bed property at 850 per month. A bond is held of 1200 on an agreement that is for 2 years. My job has gone but I have been lucky enough to obtain an alternative post 250 miles away, so commute is not an option. Can I give notice and retain my bond or is it a goner? Any advice would be most gratefully received.

Tubby the Tuba

G_M

The problem is not your bond, it is that you've signed a 2 year contract, so you are committed to paying rent for 2 years!

Best thing to do is speak to your landlord, explain, ask to be released early, and offer to pay the costs he will incur as a result: marketing the property, vetting new tenants, his agents fees, etc

Until a new tenant is in place, you are liable to continue paying rent, though once you've moved out he does have a duty to do his best to replace you, at which point your obligation ends.

as for the bond, well, yes he can use that to cover rent if you 'do a runner', but if the property is empty for 2 months (quite possible) then the bond would not be enough and he could sue you for the balance (not to mention any breakages/cleaning etc if appropriate).

BitterAndTwisted

A 24-month rental agreement is quite unusual, are you sure that's what you signed? No break-clause? How long have you been in the property so far?

prudryden

As the above post says, be sure to check your contract for a break clause.

solodanceparty

TubbytheTuba wrote: »

Can anyone help me with advice as to what to do? We currently rent a 3 bed property at 850 per month. A bond is held of 1200 on an agreement that is for 2 years. My job has gone but I have been lucky enough to obtain an alternative post 250 miles away, so commute is not an option. Can I give notice and retain my bond or is it a goner? Any advice would be most gratefully received.

Tubby the Tuba

Tell them to put it on the market now. They may find someone to rent, to let you out of your contract.

Dr.Shoe_2

As in every case where you have a problem paying your bills, talk to him. you never know you might be pleasantly surprised.

G_M

solodanceparty wrote: »

Tell them to put it on the market now. They may find someone to rent, to let you out of your contract.

ASK him, don't tell! You are dependant on the LL's goodwill as you are legally tied in by a contract.

Don't do anything to antagonise him. Do everything to sweet-talk him. As I said, offer to cover his costs. He's much more likely to make genuine efforts to find a new tenant. Rub him up the wrong way and he might just go through the motions and leave you liable for the rent.

solodanceparty

G_M wrote: »

ASK him, don't tell! You are dependant on the LL's goodwill as you are legally tied in by a contract.

Don't do anything to antagonise him. Do everything to sweet-talk him. As I said, offer to cover his costs. He's much more likely to make genuine efforts to find a new tenant. Rub him up the wrong way and he might just go through the motions and leave you liable for the rent.

I didn't mean demand they force the LA to put the house on the market, I meant tell the landlord the situation and see if they would be willing to put it back on the market while they're still living there... Of course, it would be helpful if they did the viewings on the evening and over the weekend.

TubbytheTuba

It seems that there is only refertence to the Housing Act 1988 (Part 2). Thewre is no break clause in the agreement, neither has the landlords signature been witnessed on my copy of the rental agreement. Any further comment would be appreciated

Fire_Fox

You are tied by an AST you live in the house and you pay rent, any court would agree that constitutes a tenancy. It's been a week since you first posted: have you actually approached your landlord? That is a week he could have been advertising for new tenants.

G_M

The LLs signature does not need to be witnessed.

If there is no break clause, the LL is within his rights to hold you to 2 years. However, if you leave early he is also bound to mitigate losses by trying to find a new tenant. You will be liable for rent until a new tenant is found however.

As suggested by pretty much everyone, a mutually agreed solution is best, so speak to the LL.

As for the deposit, this will be returned to you once you've left provided no damage is done and all rent is paid (ie in this scenario, once a new tenant is in place and you've paid the rent between your leaving and new tenant arriving).