Can i do anything to get out of my rental agreement?

rent-a-tent

Hi, ive never needed to post a question before but im really hoping someone can help me.
My husband and i and our 3 young children moved into our rented house on 12 August last year. Its a family sized home in a desirable village and we moved here specifically for the primary school. We were looking at this house as a long term rental option. The house was up for sale when we viewed it but the landlord was happy to take it off the market for us (we didnt want to rent somewhere up for sale as we have a 2 yr old that naps in the afternoon and baby twins that have naps am and aftenoon time and didnt want viewings desturbing them).
In our rental contract it states that both sides must give 2 months notice at the end of the contract (which would be 12th Aug 2011). We have however been served with a 'Notice requiring possession' served on the 2nd June for us to vacate on the 12th Aug 2011 as the landlord wants to sell the property.This is fine by us but we have run into a problem.
The village has had nothing for rent size wise now for over 6 months. We have found a house (the only one to come up) but we would have to start renting it before our tenancy finnishes on the old house in order to secure it. Ive asked the rental agent to ask the landlord if we can be released from our contract a month early which i dont think is unreasonable as they are wanting to sell the property. However the agent only has an email address to contact the landlord with and they arent corresponding back.
Is there any sort of loop hole i can use to get out of my rental agreement? In a normal situation im guessing we would be able to have viewings and get other tennants in to replace us but as the landlord wants to sell the property that avenue is being denied to us.
If there were alternative properties coming on the market regularly i wouldnt ask to come out the contract early but i have to register my son for the school after Sept which means living within the catchment area (which is the village). I really feel like we are being pushed between a rock and a hard place. Is there anything i can do?
Many thanks for taking the time to read this, i hope you can help.

HappyMJ

You can give 1 months notice to quit on or before the 12th June (it's a Sunday so do it on or before this Friday) to leave on the 12th July if you so wish there is nothing stopping you from doing that. I'm assuming you are on a periodic tenancy though. The 2 months in the contract is overridden by the law requiring tenants to only give 1 month.

rent-a-tent

Hi, Happy mj,
We are on an Assured shorthold tenancy agreement with Belvoir letting agents. It states in our contract (which we signed) that we should give 2 months notice. But am i right in thinking that by law you need only give 1 month? Is that what you are suggesting?
Thanks

pinkshoes

As above, if it's a periodic tenancy (i.e. it was only fixed initially for 6 months), then legally as the tenant, you only have to give one month notice, so if you do it on or before the 11th June, you can leave on 11th July.

If the fixed term was 12 months and not 6, then you can't move out until 12th August.

I don't believe for a minute that the LA only has an email address for the LL!

Ninjawombat

Rent-a-tent, are you in Scotland?

jjlandlord

OP should tell us the length of the fixed term.

Assuming AST in England or Wales:

In any case, if the tenancy started on 12th August 2010 for a fixed term of n months with rent payable monthly, no valid notice can expire on the 12th August 2011: It must expire on 11th August.

If the fixed term expires on 11th August, T can vacate by that date without giving any notice at all, but will be liable for rent up to that date unless LL agrees to an early surrender.
If fixed term has expired and tenancy is now periodic, T has still just time to serve his notice to quit to end the tenancy on 11th July.

HappyMJ

rent-a-tent wrote: »

Hi, Happy mj,
We are on an Assured shorthold tenancy agreement with Belvoir letting agents. It states in our contract (which we signed) that we should give 2 months notice. But am i right in thinking that by law you need only give 1 month? Is that what you are suggesting?
Thanks

Yes the 2 months in the tenancy agreement is unenforceable. The tenancy agreement cannot override the law it can make it better for the tenant but not worse. And yes you need to check the dates you need to get it spot on the tenancy has to finish the day before so it may be the 11th as pinkshoes suggests. Friday is best to be safe.

Eton_Rifle

Whichever situation it is with the term, as someone who will shortly be the landlord in an identical situation and who will be saying the same thing to his tenants, I would be delighted if you offered to leave early and would be pleased to release you.
I hope it works out for you.

Frittered_Away

But the end of the AST is August, so the OP can't give notice now and leave in a month without the agreement of the LL.

Rent a tent, do you not have the LL's address on your contract or deposit protection notification? Without an address for the LL you don't have to pay rent (but must keep it set aside as when you get the address you must pay the rent). Not paying your rent is a good way to get your LL out of the woodwork if they don't have an address...

rent-a-tent

Hi the contract is for 12 months. to end on 12th August 2011.
So would i still be able to give a months notice (is that what the law says?) or do we have to wait until the 12 months is up and give 2 months notice to come out of the contract up until that date? but only give 1 months notice if we had already done the 12 months and the contract was effectively 'rolling on'?
Oh and im not in Scotland im in Northamptonshire.
Thanks

Ninjawombat

It all depends on where rent-a-tent lives.

If she's in England she is only legally required to give one month notice. However, she can only give this notice one month BEFORE her tenancy agreement ends, which would be the 12th of July. She still has to stick to the tenancy agreement dates. You can't just pick and choose where to give notice if you're still in an agreement.

If she lives in Scotland, then she will have to provide the full 2 months notice, as there is no 'one month only' law in Scotland. You have to abide by the tenancy agreement.