Renting and not happy

Starry-eyed

Ok here goes. I have signed a 12 month rental agreement. I moved into the house with my two children (3 & 5), and the house is a distance away from my work, friends and family.

Now six months later, I just cannot settle. My kids have no friends, the travelling to work is getting me down, and to top it off, my work have asked me to relocate to another area. The money is better and I'd be a fool not to take the job.

However, my landlord is insisting on the 12 month saying that it will cost him money to find someone else and he has paid a fee to his mortgage company.

I just don't know what I can do. What are my options?

Thanks

Emma

Fang_3

Why should the landlord lose out because you can't settle?

tabskitten

If you signed a contract then I imagine that your options are either stay the full term, or negotiate a termination fee so that you can leave early, like paying for a few months rent to cover the LL finding another tenant?
If you are lucky LLwill take that - but if not you will have to pay for the 12 months i would think.

Starry-eyed

Fang - the landlord shouldn't loose out because I can't settle, I agree. But on the otherhand as a mother I find it much harder seeing my kids unhappy than keeping my landlord happy. Also, the offer of a job is not worth turning down for 6 months of rent. So you can hopefully understand my dillemma.

My LL wants his money and that's that. However, I have heard that some LL don't take you to court as it's time consuming and costs money? Obviously I have no idea if my LL would pursue me through the courts if I decided to leave.

Jowo_2

Have you double checked the contract to see if it has a break clause or notice period in it, just in case there's a trigger you can act upon to terminate it?

Your contract is legally binding and you are obliged to honour it. The landlord could not have evicted you before the 12 months is up, it's a 2 way street. The Shelter website has a good section on how a fixed term tenancy agreement can be ended.

Your only option is to persuade the landlord to let you end the contract early by offering to pay the rent until he has found a new tenant, pay any expenses associated with the early relet (such as advertising costs) and make sure you facilitate the marketing of the property by cooperating with viewings. That way, your landlord suffers no losses such as void periods or double expenses from finding a new tenant to take your place.

It's a shame that the landlord appears to be holding you personally responsible for the expense associated with getting permission from his lender to let the property rather than viewing it as a general expense that simply goes with the business. His obligation to the lender is not really something that should concern you so its a shame he can't separate out this expense.

Starry-eyed

Jowo - I think what you suggest that I offer to pay the rent until he gets someone else is a reasonable one. That way he is not out of pocket, which is what it boils down to.

I'll have another look at my contract and see if there is a clause what you mentioned.

Thanks for your advice :-)

Jowo_2

Starry-eyed wrote: »

My LL wants his money and that's that. However, I have heard that some LL don't take you to court as it's time consuming and costs money? Obviously I have no idea if my LL would pursue me through the courts if I decided to leave.

It costs around £50 to lodge an action in the small claims court (added to the defendents judgement) so if you skip out on him and it takes him some weeks or months to find a new tenant, he may think its cost effective to track you down via a tracing agent to your new address (approx £50-100) and then get an attachment of earnings from your employer (approx £80 added to the defendents judgement) if the judge finds in his favour and you are reluctant to pay. Or he can send the bailiffs to your new address.

If you are happy with this risk, simply return the keys to him with a note letting him know that you are returning the property to his possession to relet and simply await the potential service of court related documents to you.

Also, you risk struggling to find a new landlord if they take up references from your current landlord and he says that you didn't honour the contract.

Fang_3

Starry-eyed wrote: »

Fang - the landlord shouldn't loose out because I can't settle, I agree. But on the otherhand as a mother I find it much harder seeing my kids unhappy than keeping my landlord happy. Also, the offer of a job is not worth turning down for 6 months of rent. So you can hopefully understand my dillemma.

My LL wants his money and that's that. However, I have heard that some LL don't take you to court as it's time consuming and costs money? Obviously I have no idea if my LL would pursue me through the courts if I decided to leave.

Then you should pay. You signed a contract and agreed to pay.

Considering that your work want you to move, could you not ask them to help out after explaining the situation?

clutton_2

if a LL suddenly told you to leave half way through the tenancy and you were "settled" - how would you feel ??

you have signed a legally binding contract, as has the LL.....

IF your landlord is willing to consider you leaving early (and by law s/he does not have to do so) s/he is fully entitled to claim from your deposit all his/her costs incurred to find another tenant to replace you

I would approach your landlord with some conciliatory gestures - such as offering to pay all his marketing costs to find another tenant, and offering to allow prospective tenants around the property

if you dont do this - and he takes you to court.. you will not have leg to stand on and will lose the case.....

maninthestreet

OP, if your employers are asking you to re-locate, maybe you can get them to pay some of your moving costs, including costs of terminating your rental agreement???

poppysarah

He can have his costs to find a new tenant AND it's in his interests to - as he won't be insured on an empty property without increasing his insurance cover after 30 days.
Can you find him a tenant?