Breaking a tenancy early - advice and experiences anyone?

troopy

Hi Everyone,

I am about to break a tenancy agreement without permission from my landlord and I wanted to try and get advice and experiences from other people, who know about the subject or have been through something similar.

My situation, trying to keep it brief:

I moved into a flat in August 2009, signing a contract for 18months. This is my first time renting a flat through an estate agent, so it has been a real learning curve.

During my time at the flat, the landlord has gone against the tenancy agreement by doing the following things:

- Entering the flat without gaining my permission. One day I woke up at about 2pm (I work nights), to hear someone clattering around in my airing cupboard. - The landlord had arranged for a gas safety check to be carried out that day. The letting agents said they sent me a letter telling me about it - I didn't receive this letter.

- The shower is a hard fixed one, with a pipe travelling up the wall and a rose head coming away from it. The height of the shower head is about 5ft 6 inches. I am 6ft 2 inches. I have requested twice that this be modified so that it is a bit higher, since when I use it as it is, I get a bad back from bending down trying to shower myself. Both times a plumber/improver was sent to have a look and quote the landlord. On both occasions the letting agent just didn't reply to me and ignored my emails (I know I should have sent letters here)...

Anyway, all things considered, it hasn't been a pleasant place to stay, due to various issues with the landlord and letting agent. I.e the place was a dump when I moved in despite a promise that it would be "Professionally cleaned throughout". And I recently was asked by my employer if I would consider relocating to Newcastle (currently in South London), to head up a new facility which they are opening. So I requested to the landlord that I break the tenancy, and that the letting agent find a new person to takeover the tenancy. The landlord has refused, firstly they asked if I would provide proof of the move, I replied back to say it would be a bit of hassle getting that from HR but fine yes I could provide proof. Since then, the letting agent emailed to say the landlord does not accept my notice which I gave and that I am liable for all the rent til the end of the period.

Well... I don't really have much choice. If I don't leave this could seriously damage my career, this really is a big opportunity for me. So I am breaking the tenancy without their permission, next week. If they take me to court, I am going to have to just deal with that when it happens.

Anyone who knows about these sort of situations got an idea of what might happen? I.e the likeihood of court action and anything I have previously mentioned that would help me in that event?

Also the letting agent are refusing to accept the keys back - what should I do with them when the time comes?

BitterAndTwisted

If there is no break-clause in your tenancy agreement (and I'd be surprised if there wasn't in an 18-month one) your landlord could hold you to paying the rent for the entire duration of the agreement unless they can find a new tenant to take the property on.

Have you given your notice to the agents and to the landlord in writing? If not, you should, right away.

troopy

Hi BitterAndTwisted and thanks for your reply.

I read through the contract pretty thoroughly and could not find anything that says about a break clause. But saying that, I don't think they will have trouble letting the place, it's in a nice area and is a nice flat, it's just the landlord that is the problem to be honest.

I only gave notice by email - I will type out a letter now and post it via recorded delivery asap.

Jowo_2

From the landlord's point of view, abandonment of a property is a nightmare, though the following information is pitched particularly for scenarios where the tenant flits without any communication.

http://www.landlordzone.co.uk/legal/abandonment.htm

I suspect it is better for you to give the notice in writing, keep a copy, and return the keys with proof of sending but much, much better to negotiate an end of the tenancy with the landlord, offering to pay their early reletting costs, such as advertising fees, facilitate viewings by the new tenants and pay rent until the new tenant moves in.

However, your non-occupation of the property and the return of the keys do not stop your contractual obligations. You could expect the landlord to pay for a tenant tracing company to find your onward address and take you to court for the arrears and then enforce any non-payment through the standard means - CCJ, attachment of earnings, bailiffs. Also, to receive bad tenant references when trying to find new accommodation.

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

tbs624

Troopy - you are legally obliged to pay rent & meet other obligations under your tenancy agreement (ie Council Tax) for the full Fixed Term unless the property can be re-let, so co-operate with the LL by offering immediate access for viewings and paying for advertising ( they can look to you for this anyway & offering first shows you in a good light).

Your posts have some inconsistency , you say

troopy wrote: »

. But saying that, I don't think they will have trouble letting the place, it's in a nice area and is a nice flat, it's just the landlord that is the problem to be honest..

and yet in your first post you said

troopy wrote: »

....it hasn't been a pleasant place to stay, due to various issues with the landlord and letting agent. I.e the place was a dump when I moved in despite a promise that it would be "Professionally cleaned throughout".?

and you have to separate the LLs shortcomings from your desire to break the contract - the one doesn't give you carte blanche to do the other , with no legal comeback. As Jowo says, many Lls will use tracing agents in this sort of case.

For future tenancies, write to the LA and the LL saying that you don't consent to access by key and that you are happy to arrange mutually convenient times and dates for necessary inspections/repairs. Pre-empt gas safety checks - look at the expiry date on the certificate and ring the LA/LL yourself a month beforehand to sort out a date that suits you.

bitsandpieces

Have you asked your employer if they can help with relocation costs?

Sammy85_2

You should expect to pay your rent for the agreed tenancy period (until a new tenant is found), all bills relating to the property during your tenancy period and any fees for finding a new tenant, such as advertising the property and referencing of new tenants.

Speak to the LL, be as helpful as possible in finding another tenant and hopefully someone will be found quickly and you'll be released from your contract.

troopy

Hi tbs624 -

The flat is nice since I have been in there, I had to clean the place and decorate it myself, since the last tenant had kids that were messy, and the letting agent did not bother to get the place cleaned, which they had said they were going to.

The issues with the place are that the landlord doesn't want to fix things when they break, and if they do then they spend the bare minimum to resolve the issue. Often causing it to arise again not far down the line. Saying that though, from speaking to people all landlords are like this!

I spoke to someone at the letting agency today who seemed quite helpful and impartial, and she said that if I left the place then knowing her (the landlord) would most certainly pursue legal action against me. So I have emailed my landlord now with a grovelling email saying Sammy85's points, about paying fees and stuff and co-operating fully. I'm hoping so much that she accepts and doesn't just say no, which she has before!

My employer is only willing to pay 1 months rent to help cover costs of relocating. But if my landlord does stick and not accept me leaving, I am going to have to either go and keep paying the rent which will cripple me financially, (£900pm + council tax), or forget the move and find another job - I don't think my prospects are going to be too great with my current job if I pull out of moving now.

I do feel that with hindsight I could have handled this better. The only reason I agreed to the 18 month contract was because the estate agent said she would get me a reduction in rent - this ended up being just £25!!

Somerset

tbs624 wrote: »

you are legally obliged to pay rent & meet other obligations under your tenancy agreement (ie Council Tax) for the full Fixed Term unless the property can be re-let

tbs, are you sure on the council tax point and if you are do you have a link please ?

I thought the same as you, that a tenant was liable for the council tax as long as the lease was 'legally' in their name. I was told however by the relevant council tax dept, that if the tenant moves out early and notifies them of this that they are then entitled to empty relief ie zero for up to six months. I have a feeling this info is wrong but .... you'd assume they'd know their stuff. So a link would be useful to me.

pyueck

You have two options really. One is trying to prove that the landlord has broken the tenancy agreement, or their statutory requirements and the place is not fit for human habitation. Unfortunately I don't think a low shower will cut it, but it could be worth seeing if there is rising damp or cockroaches or rats or something??? This method though will probably be messy and long winded.

I think you are best off seeing if you can find somebody to take your place in the property (try gum*tree) and seeing if the landlord is happy for the tenancy to be moved into their name. You may need to pay a fee for this, but I can't imagine it would be much, as they agent would probably be happy they can charge another round of agency and referencing fees. Make sure they actually end your contract though. It might be in your favour to hint to the landlord that you are struggling financially and may not be able to meet future rent payments. This may make him more accomodating to the move. It's really though unfortunately goodwill on the behalf of the landlord though.

Know its easy to say in hindsight, but I would never sign an 18 month contract, life changes too much in that time to be sure you want to live there, and if the landlord is a nightmare you are scuppered without a paddle.

lizzielondon

pyueck wrote: »

You have two options really. One is trying to prove that the landlord has broken the tenancy agreement, or their statutory requirements and the place is not fit for human habitation. Unfortunately I don't think a low shower will cut it, but it could be worth seeing if there is rising damp or cockroaches or rats or something??? This method though will probably be messy and long winded.

I think you are best off seeing if you can find somebody to take your place in the property (try gum*tree) and seeing if the landlord is happy for the tenancy to be moved into their name. You may need to pay a fee for this, but I can't imagine it would be much, as they agent would probably be happy they can charge another round of agency and referencing fees. Make sure they actually end your contract though. It might be in your favour to hint to the landlord that you are struggling financially and may not be able to meet future rent payments. This may make him more accomodating to the move. It's really though unfortunately goodwill on the behalf of the landlord though.

Know its easy to say in hindsight, but I would never sign an 18 month contract, life changes too much in that time to be sure you want to live there, and if the landlord is a nightmare you are scuppered without a paddle.

it wouldn't be messy and long winded

it wouldn't be possible

how could the OP prove the LL hasn't maintained the property correctly if they don't have a paper trail of them reporting work that needs to be done and can prove they've been ignored etc?