Ending a Short-Assured tenancy early

KingpinLench

Kinda long-winded question for you knowledgeable folk so please bear with me!

Basically, myself and my OH rented a small flat (private let through a LA, we havent had direct contact with the LL), planning to stay for 6 months.. there has been dampness/condensation problems since the beginnning. There is also a crack along the top of a bedroom window and the LA were informed from day 1, we were told that basically they or the landlord dont have a duty to fix this.

Dampness in the living room, eventually sent a guy out to have a look, I got in from work and he had re-painted the damp side.. 3 months later and its coming back, turns out its a roofing problem (tenement flats btw).

Plumbers etc have been out, ripped some "decorative" wooden paneling in the living room away to reveal our next door neighbours bathroom pipes (in our living room!) which were leaking every time their toilet was flushed (plumbers confirmed this after visiting next door) so that has been causing damage to the corner of the living room beneath the carpet/wallpaper etc.

So basically... phew.. lol.... we have been offered a gorgeous flat in a better area by a friend of a relative, at a great price and want to take it, is there any way we can get out of this tenancy early, rather than the 2 months it says on the contract? Have been onto council, CAB etc, but they cant offer me any advice other than passing me on to someone else

Can upload a pic of the corner of the living room if req

Thanks so much for reading, any advice on any options we have would be appreciated!!!

p.s. We sent our 2 months notice to leave 7 days ago recorded delivery and havent been aknowledged as yet, are they supposed to?

lizzielondon

when did you move in and how long was the initial fixed term?

if the fixed term has ended you have to give one month's notice coinciding with the rental period- if the contract says otherwise it's wrong

KingpinLench

hey Lizzie

6 months, we've been in 4, now into our 5th month

Annabee

I have often read on many forums, such as Landlord Zone, that if you have an AST then you are within your rights to leave on the last day of tenancy without giving ANY notice. Therefore you could leave at the end of the sixth months. However you must be very careful not to stay even ONE day beyond the end of your tenancy agreement, because if you do your tenancy will become periodic, which means you will have to give a months notice FROM a rent day, so say if you pay your rent on the 30 of a month and the date is now 15th, you will have to wait until the next 30th ofthe month to give notice. Timing is crucial! What exact date did you start on the tenancy, and what is the end date given in your agreement?

So say if you are on your fifth month now, you should be able to leave in aboiut a month.

If you want to doublecheck, I found the Shelter helpline to be brilliant.

lizzielondon

if your ll agrees you can move out before though- you can only ask- he might say yes- esp if there are significant repairs to be done it might be easier for him to get it done when the property is vacant

what date did you move in? as annabee says you can leave on the last day of the fixed term without notice- polite though- or wait another month

KingpinLench

Annabee wrote: »

I have often read on many forums, such as Landlord Zone, that if you have an AST then you are within your rights to leave on the last day of tenancy without giving ANY notice. Therefore you could leave at the end of the sixth months. However you must be very careful not to stay even ONE day beyond the end of your tenancy agreement, because if you do your tenancy will become periodic, which means you will have to give a months notice FROM a rent day, so say if you pay your rent on the 30 of a month and the date is now 15th, you will have to wait until the next 30th ofthe month to give notice. Timing is crucial! What exact date did you start on the tenancy, and what is the end date given in your agreement?

So say if you are on your fifth month now, you should be able to leave in aboiut a month.

If you want to doublecheck, I found the Shelter helpline to be brilliant.

Yeah I was referred onto Shelter, but this was after the council, CAB, some other housing place, and I gave up at that point.. will give them a try tomorrow.

OK Im looking at the AT5 and contract just now

I quote

"...for the period 27NOV09 to 01JUN10 and monthly thereafter until terminated by 2 months written notice.....The earliest date of termination being 01JUN10"

So does this mean that the tenancy ends ON the 1st June? Rent is paid on the 1st of every month

The 1st June would be fine, Im sure we can deal with it for one more month. So I need to send another letter explaining that as per terms of the contract, we wish to terminate the lease on 1st June?

lizzielondon

the last time you pay is the 1st may- someone more knowledgable will confirm dates- i think it is either 31st may of 1st june

it would be very polite to send a letter to that effect but you're not obliged to

when you send a letter ask for an appointment on the last day for a check out report to take place so you can be present

the LAs may try and claim you have to give 2 months notice - if they do they would incorrect-let them know you know what you're talking about

KingpinLench

lizzielondon wrote: »

the last time you pay is the 1st may- someone more knowledgable will confirm dates- i think it is either 31st may of 1st june

it would be very polite to send a letter to that effect but you're not obliged to

when you send a letter ask for an appointment on the last day for a check out report to take place so you can be present

the LAs may try and claim you have to give 2 months notice - if they do they would incorrect-let them know you know what you're talking about

thats great

I'll send a letter tomorrow, not expecting a reply though!

thanks for your help, and Anna too, much appreciated :beer:

lizzielondon

good luck!

StudentMoneySaver

KingpinLench wrote: »

Yeah I was referred onto Shelter, but this was after the council, CAB, some other housing place, and I gave up at that point.. will give them a try tomorrow.

OK Im looking at the AT5 and contract just now

I quote

"...for the period 27NOV09 to 01JUN10 and monthly thereafter until terminated by 2 months written notice.....The earliest date of termination being 01JUN10"

So does this mean that the tenancy ends ON the 1st June? Rent is paid on the 1st of every month

The 1st June would be fine, Im sure we can deal with it for one more month. So I need to send another letter explaining that as per terms of the contract, we wish to terminate the lease on 1st June?

Someone correct me if I'm wrong, the part about 2 months notice once the tenancy becomes periodic seems to be against the rules of statutory period tenancies which states that tenants must give ONE months notice and the Landlord must give two.

If I'm correct it might be worth noting that if you cannot move out at the end of the fixed term.

lizzielondon

yep, first thing i said to the OP

but they want to leave at the end of the fixed term and they've got somewhere to go