Trying to leave my fixed term tennancy

andy84

Hi everyone, first time here and sorry if this might have been covered before, I had a quick search and found some information that was useful.

I have signed a fixed term tennancy with two other tennants for a house. The agreement was joint and severing, and we each have a guarantor also on the contract. I fully understand that I am bound by this contract. However, I need to move out, I have a job elsewhere and really can not afford to cover rent on two houses for the last 3 months of this contract. I have tried my hardest to find a new tennant for my room.

I thought I had found one who wanted to move in immediately, when I contacted the landlady she got a bit funny (she had been told months ago of my situation and said it would be ok). She told me that the letting agency will charge £150 inc VAT to make the changes! Also said that it will take a few days to get all the references etc done, which I can appreciate. She insisted that she meets anyone first. When we moved in we went through the estate agent and the landlady waited 3months into the tenancy before meeting us. To cut to the chase, this potential tennant didn't have the time to waste and went elsewhere, now the landlady is on holiday for two weeks, can I get someone else to move in whilst the landlady is on holiday if I go through the estate agents? I just don't have the time or money to waste!

The landlady had told me that she is only allowed to let the house to three tennants due to the mortgage particulars, however one housemate has moved his girlfriend in without tha landlady's knowledge. One evening I sent her a message, fustrated by her seemingly inability to see the urgency of me needing to move out. I described the housemates as something rather unpleasant and mentioned this tennant (who lives at the house more than I do!), the landlady sent the entire message to the housemates! Now making my stay incredibly uncomfortable. When I learnt of this I told the landlady I was not impressed by the lack of professionalism and she replied with a rather long and obviously regurgitated official sounding nonsense.

I don't see how I can reside in this house after her actions nor can I see how I can find someone willing to take on a 3 month contract, let alone when she insists on meeting them and is unavailable! Is there anyone who can offer some advice on what, if anything, I can do? I have had such bad experiences landlords back in my student days but I thought that would be the end when I went through a more professional looking estate agents and a non-student letting!

princeofpounds

There is nothing you can do regarding getting out of the contract without agreement.

It's up to you to decide whether you wish to escalate this confrontation in order to impress upon the LL your desparation to get out, given that it might just increase the animosity between you, LL, guarantors and co-tenants. I can't see that strategy ending well.

Regarding the sending of the text message, there is possibly a data protection breach, but frankly you won't be getting much if anything in damages as a result so it's not worth complaining about.

It's three months rent. That's a painful lump to swallow but you put yourself into a situation where you will have to swallow it. You wouldn't be happy if the LL wanted to kick you out 3 months early and it cuts both ways.

andy84

I'd actually be overjoyed if the landlady had kicked me out because I won't be in this current situation! The room has been advertised for the last 6months + and only recently had one interest. I'd walk from it if I did not have my mum as a guarantor, it is that bad!

Thanks for the advice by the way, I hope someone else will view it and take it on over the summer and hope I don't have to swallow the 3month rent! It's just this woman's incoonsiderate nature that has really made matters worse living here!

moromir

andy84 wrote: »

I described the housemates as something rather unpleasant and mentioned this tennant (who lives at the house more than I do!), the landlady sent the entire message to the housemates! Now making my stay incredibly uncomfortable. When I learnt of this I told the landlady I was not impressed by the lack of professionalism and she replied with a rather long and obviously regurgitated official sounding nonsense.

I'm sorry to sound unsympathetic but I'm afraid you just learned a valuable life lesson - don't say things about people behind their backs that you wouldn't say to their faces!

The reason your Landlady doesn't want a fourth unrelated person in the property is probably due to the fact that it probably (depending on the particular Council's regulations) causes a House in Multiple Occupancy for which you need a licence and there are a multitude of additional regulations, ie fire fighting equipment and signage etc.

I think its perfectly reasonable for her to want to meet any potential tenant - I also think it is unreasonable for you to expect her to rearrange her holiday because you want to move out quickly!

mynameisdave

moromir wrote: »

The reason your Landlady doesn't want a fourth unrelated person in the property is probably due to the fact that it probably (depending on the particular Council's regulations) causes a House in Multiple Occupancy for which you need a licence and there are a multitude of additional regulations, ie fire fighting equipment and signage etc.

Given that possibility, you'd expect her to be greatful for OP letting her know that one of the two other tenants has moved a fourth person in without her consent, and not forwarding private correspondance on to the offending party.

I think it is very unprofessional of her to do so.

G_M

You have signed a fixed term agreement so are legally bound by it unless it is ended early by mutual agreement.
The terms of your agreement almost certainly prohibit subletting so finding and moving in another 'tenant' would breach the agreement. The fact that one of the other tenants has 'moved his girlfriend in' is a separate matter. Either the girlfriend is 'visiting' (acceptable) or is living there (subletting illegally). But either way it does not justify you breaching the contract.

Do you really expect the LL to cancel her holiday and lose what? £500? £1000? perhaps considerably more if it involves her family?

Any replacement tenant will need to be acceptable to the LL, and will need to be vetted, just as you were when you took on your fixed term contract. The lesson here is that contracts are binding. You are dependant on the LL's good-will if you wish to escape you legal liabilities.

As for the agency fee - if the agency has to draw up a new contract, with new tenants' names, they are entitled to charge a fee. Personally I feel £150 is a lot, but since it is you asking to be released from your contract you are not really in a position to argue. How much did you pay the agency originally? Is that their standard fee?

G_M

andy84 wrote: »

I'd actually be overjoyed if the landlady had kicked me out because I won't be in this current situation!

I think the point PofPs was making was that if you wanted to stay and had signed a fixed term contract, you'd be (rightly) pretty p*ss*d off if she suddenly wanted you to leave!

Planner

Keep in mind that because you are joint tenants, your contract will not actually end in three months when the fixed term expires, ironically for the tenants protection, if the other two decide to stay on and no further agreement is signed, a periodic tenancy will arise and you will have to serve the correct notice in order to bring the tenancy to an end in 4 months time.

andy84

Thanks everyone who has offered help and advice! I want to stress that I certainly do not expect the LL to cancel her holiday! I just find it hypocritical that she is insisting on meeting any potential tenant before they sign a contract, however she did not meet me, nor the other two tenants, before we signed up, she met us 3months into our tenancy and it had all gone through the letting agents!

I have just got back from the letting agents! It seems the LL has either been grossly missinformed or is deliberately giving me the run around! The letting agents explained that the NORMAL procedure would be for me to find someone who wants my room, they go to the office and do the forms, get references credit scored etc and assuming that is all ok, the new person, the other two tenants and all guarantors will sign a new contract for a minimum of 6months! Then I shall be released from the old one. The LL had certainly not mentioned any of this! There is no way that the other two tenants will want to remain after the contract "expires" on 30/09/2010! So they will likely not sign a new contract!

In addition I have just learnt that we required to give 2 months notice if we wish our 12 month contract to actually end on the 30/09/2010 so I need to put in writing by 29th of July.

This LL also told me she had spoken to the letting agents all about this, yet they have no record! The woman I talked to even checked with the person the LL had told me she dealt with! They seemed quite sympathetic of the situation but couldn't relly offer much help.

It seems rediculous that in order to be released its a totally new contract that is to be drawn up for a min of 6months!

Also re the girlfriend, she lives here more than I do. I am at the house 3ights a week, she is here 7. She has moved in, all of the furniture in the living room came with her, sofa, tables, etc. So it is not like she visiting guest, more a full fledged squatter!

ecgirl07

is the girlfriend paying rent? can she not take over your rent?

mynameisdave

More informed posters will confirm but I believe your LL cannot demand two months notice.

You only have to give one month notice. so it would be written notification by the 29th August.