Getting out of rental agreement without being blacklisted?

jamoo

Hi, my younger sister (19) got into a rental contract with her landlord last september for one year. In January her house was broken into by 3 men with hammers (who have since been arrested and charged), she has no smoke alarm and needless to say is too afraid to live in the house since the burglary. She is still paying rent (£200/ month) even though she wants out of her contract, as the agency she rented the house through have said she is bound by the contract.
I would like to know where my sister stands legally, as far as having grounds to get out of this contract without being blacklisted is concerned, as this is her main worry. I know (at least I think I know...) she is not bound legally by her contract anymore, but I don't know how to profess this in words to her landlord/agency.
Thanks in advance for your help.


My sister still pays rent for the house but doesn't live there. The landlord has not rented out to anyone else.



pmlindyloo i'd appreciate if you would refrain from posting on my thread. You have contributed exactly nothing, which you could have covered in one post. What required you to post twice?

pmlindyloo

jamoo wrote: »

Hi, my younger sister (19) got into a rental contract with her landlord last september for one year. In January her house was broken into by 3 men with hammers (who have since been arrested and charged), she has no smoke alarm and needless to say is too afraid to live in the house since the burglary. She is still paying rent (£200/ month) even though she wants out of her contract, as the agency she rented the house through have said she is bound by the contract.
I would like to know where my sister stands legally, as far as having grounds to get out of this contract without being blacklisted is concerned, as this is her main worry. I KNOW she is not bound legally by her contract anymore, but I don't know how to profess this in words to her landlord/agency.
Thanks in advance for your help.

How do you know this?

hcb42

so has agent let the house to someone else, but are still charging her rent? I dont understand..

BitterAndTwisted

If she signed a tenancy agreement for 12 months with no break-clause she is legally-bound to pay the rent in full until September. The only way to be released from her legal obligation is with the landlord's agreement.

There is no "blacklist". However, her landlord could withhold any deposit against the unpaid rent and could choose to pursue her through the courts for any balance owed. This could result in a court judgement against her and she would then acquire a CCJ on her credit-file if she didn't pay up in full

pmlindyloo

hcb42 wrote: »

so has agent let the house to someone else, but are still charging her rent? I dont understand..

OP says the landlord has not rented it out to anyone else.

I agree, I don't understand why the OP says '' I know'' she isn't legally bound to the contract when, as BitterAnd Twisted says,the OP's sister is! :cool:

BitterAndTwisted

The landlord cannot rent the property to anyone else unless they agree to release the OP's sister from her legal responsibilities IN WRITING.

ali-t

A similar situation happened to someone in a block of flats I used to live in. It was mainly students and one resident wanted out the lease as they dropped out of uni but couldn't get out of it. In the end the person with the tenancy left furniture and junk in the house so the landlord couldn't rent it out to anyone else and then went back for it at the end of the tenancy. In this case the landlord was one of the big local ones who had the money to tackle these issues in the legal system.

The rent is only £200 a month and if she took the tenancy out in september the lease will be due to end this September (i.e. in 3 months). The tenant has had 5 months since the burglary to take action on this and TBH I don't think it is worth doing anything now with 3months to go. She could try to appeal to the landlords better nature and if it is in a student filled area, the landlord may be open to terminating the contract early with a view to getting new tenants in for the next academic year as September is too late to be marketing the property for new tenants. The landlord may be open to her paying half the rent for the remainder of the lease if she surrenders the keys which would allow the landlord to part meet his/her financial obligations but also be able to freely market the property.

I really feel for your sister, as the violation caused by a break in is terrible, never mind one with 3 people with weapons. I hope she gets over it and feels comfortable where she is living now. The problem is that I feel she has left it too late to get out the contract if it was ever possible.

Werdnal

The only way your sister could be released from her tenancy is if the LL and her come to a mutually agreeable surrender. This would normally be something like, offering to pay marketing and re-letting fees, and continuing with rent until new tenant moves in.

You mention she has not got a smoke alarm - I don't think that is a requirement, but if she'd feel better fitting one they are only a few quid to buy and she could take it with her. Or in light of the break in, did you mean security alarm?

Sadly, although I feel for her situation following the break in, it is not the LL's fault that anyone burgled the house. If you live in your own property and it is broken into, you cannot simply hand the keys back to the mortgage company and walk away, and this is the same in a rented situation.

Her only hope is to negotiate - tell LL she cannot face living there any longer on her own, ask what they require for a surrender and come to an agreement to leave. Tell her to contact the LL direct - not do it through the agents as they want their commission to continue, so will just say it can't be done. If she doesn't know LL's contact details, LA have to give them to her if she formally requests them in writing. Or she can do a Land Registry search online (£4 fee I think) and find out the address of the owner of the property herself. Of course, LL does not have to agree at all, and can enforce the tenancy to run to its end.

Eton_Rifle

I think you're being both hasty and rather harsh in dismissing pmlindyloos question.

Probably just as she did, I guessed you were referring to the existence of some sort of break clause which could be invoked to your sister's benefit and that's what you were requesting help addressing.

Is this the case or are you pursuing the 'unfit habitation' route because of some damage caused in the break-in? If you give us the details, someone can tell you the best course of action.

may_fair

jamoo wrote: »

Hi, my younger sister (19) got into a rental contract with her landlord last september for one year...She is still paying rent (£200/ month) even though she wants out of her contract, as the agency she rented the house through have said she is bound by the contract.
I would like to know where my sister stands legally, as far as having grounds to get out of this contract without being blacklisted is concerned, as this is her main worry. I know (at least I think I know...) she is not bound legally by her contract anymore, but I don't know how to profess this in words to her landlord/agency.
Thanks in advance for your help.


My sister still pays rent for the house but doesn't live there. The landlord has not rented out to anyone else.

The agent is correct; the contract is binding. The tenancy and T's liability for rent continue until the expiry of the fixed term, regardless of whether T occupies the property or not.

The only way to end the tenancy early is if the LL agrees to T's offer to surrender, either formally in writing by a Deed of Surrender, or if he acts in a manner inconsistent with the tenancy continuing - for example, by reletting.

Clearly, the LL has not accepted a surrender, and the tenancy continues.

T will not be 'blacklisted' if she pays rent for the remainder of the fixed term, and adheres to other provisions such as paying council tax. There is most likely a provision in the contract saying that T must not leave the property unoccupied for more than X number of days. If damage occurred to the property as a result of T leaving the property vacant for longer than X, then T may be liable for the cost of repair.

may_fair

BitterAndTwisted wrote: »

The landlord cannot rent the property to anyone else unless they agree to release the OP's sister from her legal responsibilities IN WRITING.

Not quite. If T has made an unequivocal offer to surrender, LL can accept that offer, either by agreeing a surrender in writing, or by his actions (e.g. reletting). The latter would comprise a surrender by operation of law.