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

rent-a-tent

Hi Taxsaver,
The property we want/only one available to us has been vacated already so really the landlord would like us in as soon as possible. I' ve been told he will hang on until Mid July but then we would have to take the property and in effect have to pay 2 lots of rent (and im guessing 2 lots of council tax unless we get everything out of the old house straight away). With a young family we really cant afford to pay 2 lots of rent if we can possibly find a way not to.
I just wish we could market the house and find new tenants to take our place but the landlord doesnt want to re-tenant it as its going up for sale. Im also frustrated that we have to have people coming and looking round when we specifically asked that that wouldnt happen if we took this particular property at the beginning.

rent-a-tent

Hi Joe rugby, im just trying to see if there was a way that i could because of the complete lack of properties that come up for rent in this area. When we took the property on it was on the understanding that we could stay long-term. Im trying to minimise the disruption to my family as i dont want to have to change my sons nursery and he has made friends in the village and id like him to go to school somewhere where he has had time to settle in. Hes been through so much in the past 12 months hes had not 1 but 2 baby siblings arrive we moved 2 hours away from where we used to live. he has started a new nursery and new activity groups and now he is facing another house move. Im really hoping i can gain my landlords consent and that knowing the area he understands theres nothing to rent here unless you hit lucky jackpot. Im just seeing if theres a way around it as my family are my priority and i dont want to miss out on being able to stay here over 1 lousy months rent! :-)

taxsaver

OK, I understand your position. Clearly it's important for you and your family to not miss the opportunity of the new property so if it were me I'd go ahead with that. As far as the current property is concerned I'd ensure that it was vacated in its entirety when you move into the new property and thus no Council Tax will be payable on it, also advise the council that you've moved out.

Now, I may get shot down by others here, but I would not pay the last month's rent and accept that you'll likely lose the deposit that you have on the property, but at least you'll then have funds to pay the first month's rent on the new property although you will also need to find the money for a deposit on the new one; perhaps on a credit card? Although borrowing for the deposit is not ideal you will at least be able to pay it off over a few months and at least you'll have got security in your new home again.

As long as you leave the current property in very good repair and clean etc., then it's fairly unlikely that an overseas LL that simply wants to sell the property will pursue you for anything further, especially if he's had the deposit against the final month's rent.

Your call ofc, but I'd want to ensure that I had my family in the home that I need and within the school catchment that I want.

dancingfairy

Is it the landlord that can't be got hold of or the letting agents? I'd keep on at the letting agents to try and get hold of the landlord and explain that you are looking to move early so he can get the property on the market earlier
df

BitterAndTwisted

If push came to shove and I was totally desperate to secure this new property I would do as Taxsaver advised. In addition I would WRITE to the landlord via the agent if necessary telling them you would appreciate being released from your contract early and that you would like them to attend the property on x date to conduct the check-out inspection..

You ABSOLUTELY need to ensure that you leave the property in pristine condition (EXACTLY as it was at the start of your tenancy) so that once the unpaid rent has been offset against your deposit, the landlord will not have any reason to go via the courts to be paid for whatever cleaning and damage they might seek to charge you.

It's a risky strategy but one I would employ under the circs

Cissi

rent-a-tent wrote: »

i dont want to miss out on being able to stay here over 1 lousy months rent! :-)

I think this is the key point, and in your position I'd explore every possible option to move into the available house that you like, even if it means paying double rent for one month - is there any way at all that you could raise this money?

As unfair as it sounds, this actually isn't too bad a deal - it's part of the risks with renting, unfortunately. You're unlikely to completely avoid an overlap every time you move, and in the scheme of things one month isn't a lot. It gets a lot trickier when trying to buy/sell - your current LL, for example, will almost certainly have to cope with several months' void (so is unlikely to agree to release you early from your contract). And the new LL is also making a big compromise by offering you to move in in the middle of July if he truly could have had a tenant more than one month earlier. I'm not condoning LL 2's behaviour as I don't think he should have taken your holding deposit in the first place unless he was committed, but on the other hand both these LLs also have bills to pay and are understandably keen to minimise their losses, just as you are.

By all means, do try to contact your current LL directly and try to reach some agreement with him. For example, it's your right to refuse any viewings while still living in the property - maybe you can use this as a bargaining tool? Your LL has obviously decided to sell the house as vacant (wisely!) and maybe he'll be keen enough to start marketing it ASAP to agree to you surrendering the tenancy early, if faced with an ultimatum? Worth a try, at least...

But if this doesn't work then in your shoes I'd do everything possible to raise enough money to move earlier anyway. What will you do if you wait until August and can't find anything suitable to rent at short notice - in your chosen area or elsewhere?

mynameisclare

rent-a-tent wrote: »

Im also frustrated that we have to have people coming and looking round when we specifically asked that that wouldnt happen if we took this particular property at the beginning.

You don't have to have people coming round - you have the right to say no to any viewings. That might encourage the landlord to let you out of the contract early as well.

Frittered_Away

If you went down the route of paying double rent etc, it could be worth starting your new tenancy on the 10th roughly, to give you time to move your stuff - just a thought.

Someone correct me if I'm wrong, but as far as I'm aware, even if an LL is abroad they still need to have a UK address (could be a relative's etc.) Actually it could be the LA's address so that might be how it works for you.

I do find it rather strange that they only have an email address - not even a phone number? It could be worth putting their email address into Skype to see if they use it - it's also a free way of making calls.

tbs624

Frittered_Away wrote: »

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...

For the purposes of S48 of the LL & T Act 1987 the LA's address will suffice

Frittered_Away wrote:

Someone correct me if I'm wrong, but as far as I'm aware, even if an LL is abroad they still need to have a UK address (could be a relative's etc.) Actually it could be the LA's address so that might be how it works for you.

The address must be in either Eng or Wales

(assuming property is in either Eng or Wales)

tbs624

BitterAndTwisted wrote: »

If push came to shove and I was totally desperate to secure this new property I would do as Taxsaver advised. In addition I would WRITE to the landlord via the agent if necessary telling them you would appreciate being released from your contract early and that you would like them to attend the property on x date to conduct the check-out inspection..

You ABSOLUTELY need to ensure that you leave the property in pristine condition (EXACTLY as it was at the start of your tenancy) so that once the unpaid rent has been offset against your deposit, the landlord will not have any reason to go via the courts to be paid for whatever cleaning and damage they might seek to charge you.

My bolding. T is obliged to return the property in the same condition as when let to her, save for fair wear and tear and LL would of course need an inventory, signed by both parties to confirm that initial condition.