Breaking Rental Agreement

bitsandpieces

G_M wrote: »

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.

Actually, I wonder if the 2 years thing impacts on this. Could LL seek a new tenant who will commit to a 2 year contract, like the OP?

clutton_2

the next new AST can be whatever period the LL wants

G_M

bitsandpieces wrote: »

Actually, I wonder if the 2 years thing impacts on this. Could LL seek a new tenant who will commit to a 2 year contract, like the OP?

It's a good point. The LL clearly prefers the certainty (ha ha!) that comes with a long tenancy agreement. He may well seek another tenant looking for 2 years which could take longer to find, leaving the OP paying rent till then.

That's why speaking to the LL is important, offering to pick up costs, and hoping to agree a sensible and mutually-agreeable compromise.

As Firefox said above: "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."

TubbytheTuba

I have approached the landlord and he was concerned more about his costs in relation to re-advertising and re-letting costs. We leave on 25th February and am paying the rent up to 1st March. He stated when I rang him that he would come back to me in 2 days, that was last Wednesday and I still have not heard a thing from him. I have confirmed that telephone conversation in writing to him reiterating that we are going at the end of February 2010. I took advice from another letting agent and they stated that he is pretty slack in regard to not having a break clause as we may have been problem tenants, which I emphasise we are not!!

If I offer to pay say £250 towards re-letting costs and my rent to the end of February I don't feel I'm being unreasonable. The rent to 28th February 2010 is also the 6th month in the property.

In out agreement there is absolutely no mechanism for either party to terminate the rental.

I live in an area where rental property goes off the market very quickly so should I pressure him into getting it back up for rent as soon as possible

Colincbayley

TubbytheTuba wrote: »

should I pressure him into getting it back up for rent as soon as possible

How would you do that exactly?

You have a 2 year AST, unless the LL wants to release you early from the contract, then you are duty bounde to pay the rent.

ET1976

TubbytheTuba wrote: »

I don't feel I'm being unreasonable.

????? You have signed a contract to pay rent for 24 months. You must continue to pay rent until the landlord finds a replacement tenant. You don't get to make bargains on your terms (unless the LL is crazily generous!).

Fire_Fox

TubbytheTuba wrote: »

If I offer to pay say £250 towards re-letting costs and my rent to the end of February I don't feel I'm being unreasonable. The rent to 28th February 2010 is also the 6th month in the property.

In out agreement there is absolutely no mechanism for either party to terminate the rental.

I live in an area where rental property goes off the market very quickly so should I pressure him into getting it back up for rent as soon as possible

You have no legal basis for making this offer. You are responsible for paying the rent until a suitable alternative tenant is found, not to the end of February - you haven't even given your landlord one months notice in writing as far as I can see! This is not about being reasonable, you signed a two year legally binding contract.

TubbytheTuba

Well, it would appear that I am up the creek without the proverbial paddle. The only safe way would seem for me to become insolvent or a nuisance tenant. My means of paying rent disappear at the end of February so it looks as though I am snookered whatever I do?

mystic_trev

Tell the Landlord you've been made Redundant and won't be able to continue paying the rent, that should focus his mind to wanting to end the Tenancy! Only problem you might have is if you want to Rent again at the new Location.

Fire_Fox

TubbytheTuba wrote: »

Well, it would appear that I am up the creek without the proverbial paddle. The only safe way would seem for me to become insolvent or a nuisance tenant. My means of paying rent disappear at the end of February so it looks as though I am snookered whatever I do?

The only safe way is to behave like an adult rather than coming up with hairbrained scheme after hairbrained scheme to extract yourself from this contract! Even if you had a six or twelve month break clause you would need to give one months notice, coinciding with a rent period. It appears your rent period begins on the first of the month and you missed that anyway.

Your landlord has agreed to re-market the property providing you cover his costs, and you have a contractual responsibility to cover the rent whilst he does so. We are advising you that your landlord has a duty to minimise your outlay and not simply hold you to the full two years. You are going to have to pay two lots of rent for a while, so start planning for that. If you stop paying or deliberately become a nuisance you will end up in court which means legal costs.

You say 'we' so are you part of a couple or a family? If a family you could rent a room weekdays just until this house is let and you can all relocate together. If you are a couple, your partner can stay put and keep working for another month so you have a second wage. Just for a month or two cut back to the bare bones of your outgoings - eat out of the freezer and cupboards, no fags/ booze/ newspapers/ snacks/ PAYG credit.