Breaking Rental Agreement

Planner

Contrary to what you have been told, the landlord is in fact under no obligation to mitigate his losses.

However, luckily for you, he has agreed to be reasonable by re-marketing the property is you pay the costs. Could I suggest you chase to see this is being done.

You could also be proactive yourself in trying to find a replacement, your LL shouldn’t unreasonably disregard any replacement you find.

TubbytheTuba

Problem over. Landlord and I have reached amicable agreement with minimum of fuss. Thank you for your observations and comments.

Dugsy_2

Hi there, I have recently been in a similar situation to this and came out of it ok.
As everyone says above you must be nice to your LL and fully explain the situation. i'm sure he just wants another tenant and wont want to get into a claiming/suing war.
Granted he won't want it to cost him anything so you may have something to pay.
Does your LL pay an agency to manage the property ? if so i'm guessing any fee he pays includes the fee for the agency to advertise / let the property - so its possible there should be no additional fees to pay exept the original arrangement fee the LL has had to pay. (this is what i paid to get out of my contract - deducted from my bond.).
My LL was very good with us and i'm sure you can sort something out with your LL. Obviously no-one can afford to pay 2 rents so if you explain this to him he should hopefully get things sorted promptly.

clutton_2

tenants whose life circumstances change do indeed sometimes have to negotiate with a LL for an early surrender of this tenancy....

but... this OP -- and others before you.... have adopted the view "my life has changed my LL has to put up with it - i am leaving when I want to and stuff him "


YOU signed the agreement - did you not ask for a break clause ? or didn't you even read it or take advise on it ?

You have made a 2 year commitment...... yet you seem to ignore that all through this thread....

if a LL were to want to throw YOU out half way through a contract with less than a months notice - what wou ld you say and do and how would you feel..

and yes i am a landlord.... and yes your responses here have been petulant and irresponsible... if you were my tenant i would be glad to see the back of you.....

BitterAndTwisted

They appear to have reached an amicable agreement which is very, very lucky for the OP

TubbytheTuba

Having never rented before and being a tad naive when first entering into the agreement I accept an element of what you say here. However I do think that to state petulance and irresponsibility is rather rude on your part. At no point have I stated that I was actually going to DO anything, the whole thing was muse, I was attempting to elicit advice and constructive comment. To be honest I have never taken the view that it was the landlord's problem I comprehend that the agreement is for 2 years and was concerned that there was no way out. With hindsight I should have asked for a break clause, but my inexperience caught me out.

Fire_Fox

You were given plenty of advice and constructive comment but you persisted in trying to weasel your way out of the contract, Clutton is spot on in saying there would have been uproar if you posted saying your landlord was trying to renege on your contract.

clutton_2

"" At no point have I stated that I was actually going to DO anything, ""

from your first post you told us you were walking out early on a 24 months contract with less than one months notice to your landlord whether he liked it or not

if that aint gonna DO something... i dont know what is...

anyway - you clearly have a sympathetic landlord....

amberjade_2

I have an assured shorthold tenancy which is 'a term certain of 5 years'. As I claim housing benefit I believed the council had to check the lease. However, the landlord has his 2 month break clause and I have none.

As housing rates are being reduced in london I can't afford to live here after the the first year. Landlord knows I get housing benefit and said I am tied in for 5 years.
What can I do? I have written and explained the new housing rules but he doesn't care. I told him that I would rather find somewhere cheaper rather than be in arrears which I feel is being decent.
Does anyone know where I stand?

N79

amberjade wrote: »

I have an assured shorthold tenancy which is 'a term certain of 5 years'. As I claim housing benefit I believed the council had to check the lease. However, the landlord has his 2 month break clause and I have none.

As housing rates are being reduced in london I can't afford to live here after the the first year. Landlord knows I get housing benefit and said I am tied in for 5 years.
What can I do? I have written and explained the new housing rules but he doesn't care. I told him that I would rather find somewhere cheaper rather than be in arrears which I feel is being decent.
Does anyone know where I stand?

It would have been better to have started a new thread but here goes.

This is an unusual case due to the length of the tenancy. In general, break clauses should be symmetric to be valid. Since yours is not, it is probably not a fair clause. However, this fact does not help you as this simply means that there is no break clause - hence you are stuck for 5 years.

Now we have to go to technical matters. Do you have a copy of your tenancy agreement? Was your signature witnessed? Was the LL's signature witnessed? Who was the witness?