Help! 6 month fixed term tenancy agreement fiasco!

poochieloo_2

Can anyone give me some helpful advice please?
I've just been offered a council property but have over 2 months left of my 6 month fixed term tenancy through a private lettings agency.

When I tried to hand in 1 months notice they said that they couldnt accept it and that i'd have to stay put! Can they do this? I don't want to loose the council property and have still accepted it but I'm sure this means i'm going to have to pay rent on 2 properties. Also does anyone know if I'll loose my deposit if I do choose to leave before the tenancy agreement expires?

Help! Confused and worried!

jw2003

Can you go in in person and explain why you need to cut your tenancy short and that you are willing to serve an adequate notice period? I'm not sure where you stand with regards to the law in all honesty but I ended a 12 month tenancy agreement 6 months in by explaining our change in circumstances.

You may well lose your deposit though if you left without full agreement but if an agreement is reached it should be returned to you (ours was) but a deposit can't be used in lieu of your final rent iykwim

Hope you get some resolution quick

talulahbeige_2

You signed a contract for 6mths, you are legally obliged to pay them 6mths rent.
If you leave and dont pay the rent they will keep your deposit and possibly chase you for further money if there is more rent outstanding or damage to the property.

You basically have to pay rent on 2 properties.

I also have to ask! Why is it a fiasco?

tbs624

poochieloo wrote: »

Can anyone give me some helpful advice please?
I've just been offered a council property but have over 2 months left of my 6 month fixed term tenancy through a private lettings agency.

When I tried to hand in 1 months notice they said that they couldnt accept it and that i'd have to stay put! Can they do this? I don't want to loose the council property and have still accepted it but I'm sure this means i'm going to have to pay rent on 2 properties. Also does anyone know if I'll loose my deposit if I do choose to leave before the tenancy agreement expires?

Help! Confused and worried!

You don't have to "stay put" but you do have to meet your financial commitment to the original Fixed Term. How would you have felt if the LA/LL had sought to kick you out of the property early?

Offer to pay the reasonable re-advertising costs involved in the LA/LL finding a new T. You would still be responsible for the rent until a new T was in place but if its an area of high demand then the LA may be able to re-let fairly quickly.

Try to talk to the LL direct as you may get a better result that way.

If the property is in Eng/Wales has your tenancy depsoit been scheme registered as required by law and have you been given the schemes prescribed information?

Paul_the_Painter

You could always ask the council to delay your move in date for 6 weeks, followed by a leisurely move in period over 2 weekends, hand back the keys a few days before the tenancy expires.

They may well say you need to give notice at the end of 6 months - they are wrong - you don't - but it's nice to let them know in advance you plan to move out on the dot of 6 months.

Even if you have to pay for 2 places, you should move out well before the due date, and request a checkout, so that you can remedy anything you need to,and getting your full deposit back.

Jowo_2

You don't say if you are working or claiming LHA. If its LHA I believe there are some circumstances where housing benefit is payable on 2 properties and the Shelter website may explain the criteria for this.

If the landlord doesn't consent to an early surrender (they don't have to), I guess you can look into the impact/risks of not paying the rent there during the overlap and agreeing a repayment schedule for the arrears with the landlord over a longer period of time. You could be taken to court but perhaps can head off a CCJ by negotiating an agreed repayment plan and sticking to it.

Or go to your bank and arrange an overdraft.

property.advert

I think most people in rented accommodation have some form of overlap when moving properties. They usually end up having two deposits in the market at the same time as well. Not a nice situation but an almost unavoidable one.

poochieloo_2

Thanks all,
I'm going to try to keep everything above board so I keep a clean record!

loops87

It depends on your contract, some contracts have a break clause which means you can leave early, but usually you'll have to pay for the full 6 months, unless they can remarket the property and find a new tenant. I feel your pain - we have been living on a rented houseboat for the past year, discovered we hated it after the first few weeks, but we had to stay because we can't afford two rents! :-S