Ending Tenancy Agreement Early

geordielass2

I moved into a new tenancy on 1st of April with my partner. My partner and I have now split up and I cannot afford the rent on my own. The tenancy is for 6 months and in my name only. I can't stay or I'll go into rent arrears but if my landlord doesn't agree to let me go what can I do. As you can appreciate my life has fallen apart and I am new to renting so any advice would be welcome. My partner wants nothing to do with it and by getting me to put the agreement in my name obviously new I would be responsible. I have no way of affording the rent of £580 pcm if I want to eat as well. Can anyone advise. I doubt my landlord will be reasonable and just let me go.

cabbage

Hi

Sorry to hear of your relationship breakup. You have a few options:

You could take in a lodger, see if you can claim housing benefit, take an evening job etc. Or you could look for another tenant who wants to take it over and then inform the landlord or contact the landlord to see if he has a tenant waiting.

Either way, if you stay or if you leave, you will be responsible for the rent until the tenancy expires.

Jowo_2

Speak to Shelter about your options but as you're already aware, you signed a legally binding contract and your landlord does not have to consent to an early surrender.

It was extremely risky of you to take on the tenancy of a property that you could not afford on your own as a sole tenant, plus fairly dumb for a landlord to consent to it, but that's your problem to fix, not his.

It is ...unreasonable for him to suffer the financial loss from your own poor decision making, nor is it reasonable for you to be able to walk away from a contract. If, for example, your relationship had not founded and the landlord asked for you to give up the tenancy ahead of the fixed term, you would have found this unreasonable in the extreme and cited his legal obligations to honour the duration of the AST.

http://england.shelter.org.uk/get_advice/renting_and_leasehold/ending_a_tenancy_or_licence

Have a look at the entitled to website to see if you are entitled to any housing benefit.

If the landlord does consent to an early surrender, he will inevitably expect you to pay for any void period until a new tenant is found, plus any extra costs associated with the re-let.

EDIT - typo. Deleted the accidental 'not' prior to the word 'unreasonable' from the sentence "It is ...unreasonable for him to suffer the financial loss from your own poor decision making'. In other words, the tenant is being unreasonable in considering it reasonable for the landlord to let them walk away from the contract.

hazybubbles

It is an unfortunate situation to be in but you are responsible for the rent as you have signed the contract. If the LL agrees to readvertise the property to try and get another tenant before the end of the lease then you would be responsible for rent until the LL can find somebody else to move in, and you will probably be expected to pay for the advertisement costs.

I would contact your LL ASAP to find out what would be acceptable by them i.e. can you get a lodger or will they end tenancy early with you paying until they find someone else. You really need to know that before you try and come up with solutions which they may turn down point blank.

G_M

Jowo wrote: »

It is not unreasonable for him to suffer the financial loss from your own poor decision making,

Totally disagree. It IS unreasonable for him to suffer the financial loss from your own poor decision making.

Most LLs however are actually human, and no LL wants a situation to develop where arrears build up, as seems inevitable here.

Speak to him urgently and honestly. Offer to pay his reasonable costs in return for allowing you to surrender your tenancy early.

the usual arrangement is for the tenant to pay rent up till a new tenant is found, and to cover the LL's re-marketing costs (advertising, tenant vetting etc). Discuss a mutually agreeable figure and hopefully he'll release you rather than see his rent dry up!

Fire_Fox

geordielass2 wrote: »

I moved into a new tenancy on 1st of April with my partner. My partner and I have now split up and I cannot afford the rent on my own. The tenancy is for 6 months and in my name only. I can't stay or I'll go into rent arrears but if my landlord doesn't agree to let me go what can I do. As you can appreciate my life has fallen apart and I am new to renting so any advice would be welcome. My partner wants nothing to do with it and by getting me to put the agreement in my name obviously new I would be responsible. I have no way of affording the rent of £580 pcm if I want to eat as well. Can anyone advise. I doubt my landlord will be reasonable and just let me go.

First thing to do is apply for LHA (housing benefit), a 25% single occupancy discount on your council tax and CTB (council tax benefit). Any extra income will be a bonus. You might also consider reading the 'Up Your Income' board and 'Gambling Loopholes' board (matched betting is a system not a risk).

Second thing would be to complete a Statement of Affairs
http://www.makesenseofcards.com/soacalc.html
And post here or on the Debt-free Wannabe board for comments. Note that the debt charities advise that rent, council tax and food are your priority outgoings, everything else can be dealt with by cutting back or sending letters offering £1 token payments.

Next thing to do is send a recorded delivery letter to your landlord advising him of your change of circumstances, that you have applied for LHA (should make him sit up and take action), and that you wish to surrender the tenancy as a matter of urgency in order not to default on your rent. You will be liable for the rent until a new tenant takes occupation and possible also the landlords costs in advertising. You are NOT simply liable for the costs until the end of the contract.

Jowo_2

G_M wrote: »

Totally disagree. It IS unreasonable for him to suffer the financial loss from your own poor decision making.

Sorry G_M - that's a typo on my part, agree that it is unreasonable for a landlord to suffer a loss. will correct it on my original post but make it clear.

moromir

cabbage wrote: »

You could take in a lodger, .

Do NOT do this without the prior written consent of your Landlord, it is likely that your tenancy agreement includes clauses that do not allow subletting part of the property. You need to check this.