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

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Comments

  • tbs624 wrote: »
    For the purposes of S48 of the LL & T Act 1987 the LA's address will suffice

    The address must be in either Eng or Wales

    (assuming property is in either Eng or Wales)

    Thanks for clearing that up :)
  • tbs624
    tbs624 Posts: 10,816 Forumite
    edited 9 June 2011 at 2:58AM
    taxsaver wrote: »
    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

    If the OP needs a reference from the current LL/LA To be able to secure the new property that she has foundthen she is probably best not playing games over the rent ( clear breach of contract) or being too awkward over viewings, the T's "quiet enjoyment" notwithstanding.

    In her LL's situation, I would personally agree to them leaving early, and be happy to get on with getting the property marketed for sale rather than having to face the possibility of the T not moving out by FT expiry but some LLs want to squeeze every last drop of rent before selling up.

    OP - is there any room for manouevre on the move in date for the new property?
  • camptownraces
    camptownraces Posts: 333 Forumite
    OP, I appreciate that you want to stay in the village.

    It sounds as if your son is 3, or possibly still 2 years old. Will your having an address in the village THIS September will guarantee your son a school place? what month and year are you looking for him to take up the place?

    Sometimes schools refer to "registering" with them, which is not the same as making an application for a place. Be absolutely certain of the admissions policy especially anything mentioning dates (check with Local Authority if it's not clear).
  • I signed my 6 month assured tenenacy agreement on the 27th July and wasgiven the keys and went to my new rental property ( after previously viewing the property a few weeks ago)

    When I entered the property awaiting the removals to deliver my belongings, I was met with the following:

    The property was in a very unclean state from dirty fridge/freezer to badly stained carpets to a wet carpet in the bathroom it was generally in a bad state with no meter readings,gas certificate etc

    I subsequently canx my removals and contacted the letting agents on the landlords behalf ( who I was told where on holiday ) I took pictures of the state of the place and also the letting agent came to view and also took pictures.

    What are my rights?

    Do I have the right to canx this and get my money back ?

    Please help this is a nightmare!!
  • No, you don't have the right to "cancel" the tenancy. You have signed a legally-binding agreement.
  • may_fair
    may_fair Posts: 713 Forumite
    What are my rights?
    LL is not obliged to clean the property unless he expressly agreed to do so. Even if he did, it's not a sufficiently serious breach to entitle you to repudiate the contract. Ditto the gas safety certificate.

    And it's up to you to read the meters when you move in.
    Do I have the right to canx this and get my money back ?
    You signed a binding contract. If you breach the contract, there are two possibilities:

    1) If you haven't taken possession of the property, LL may claim against you for breach of contract (but he'd have a duty to mitigate his losses).

    2) If you have taken possession of the property, then this creates a tenancy, and LL could pursue for rent for the remainder of the fixed term (and would have no obligation to mitigate his losses).
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