Quitting an Assured Shorthold Tenancy

Madjock

I wouldn't offer the landlord anything, because he'll take it whether it's warranted or not. Give your notice in in writing, advise them of your expected completion date, and say that you will advise of any alterations to this date. You should get your deposit back within a week of vacating the property.
I think the AST is being "interpreted" by some to give the landlord an unfair advantage over the tenant. I have never been held by a landlord to pay 6 or 12 months' worth of rent when I have given notice in.

jamesd

Madjock, see the description from Shelter, which is not known for being biased in favor of landlords. The problem comes if the landlord loses money through lower rent or not being able to get a replacement tenant. Then the tenant can be liable for up to the whole amount. Here are the key points as they express them:

• It is possible to get out of the agreement at any time if you can come to a mutual agreement with your landlord. This is called 'surrender'. To be valid, both sides must agree
• Check your agreement to see if it includes a [break] clause ... . If it doesn't then you cannot end the tenancy early without the landlord's agreement. If you leave anyway you can still be liable for the rent to the end of the period.
• Walking away, or posting the keys through the letterbox is called 'abandonment' and will not end your agreement. Your agreement with the landlord will continue even though you've left and the landlord can continue to charge you rent, so you're likely to build up rent arrears: if your agreement is fixed term, you can be charged rent until the term ends
• The landlord can apply for a court order to make you pay what you owe. ... The landlord may have to show that s/he has tried to find another tenant for the property but hasn't been able to do so. If the landlord has managed to let out the property they can't claim rent from you after the new tenant moved in.
• If the landlord won't allow you to leave early and won't allow a new tenant suggested by you to move in, you may be able to negotiate to only pay part of the rent you owe. For example if there are four months left on a fixed term agreement, the landlord might agree to only two months' rent instead while they look for a new tenant.

The last advice there is what has been recommended here as well. It sounds as though the market there is fairly healthy for landlords, so it shouldn't be too expensive - no more than a couple of months rent, perhaps less - to get out of the agreement.

clutton_2

Madjock - the fact that you have never been held to pay the full term's rent means that you have had generous landlords - the fact remains that each party has signed a legally binding contract for the full term - and any landlord is fully entitled to claim for his/her losses. The advice given, as i see it, has been about negotiating a win-win solution to the changing circumstances whereby one party wishes to break that contract.

Gorgeous_George

If the LL accepts the breach of contract, the problem is that you need to give notice. You may not know the exact date when you will be leaving but the LL and any new tenant will need a firm date.

What do you intend to do if the date is agreed only to find new delays to completion? I'd suggest that you may end up paying a month's rent in lieu of notice.The month's notice should start on a rent payment date, so could be almost 2 months (if given a day after rent payment date).

Just speak to LL/Letting agent and see how the land lies.

I'm a LL and I would be quite happy providing 1) the house is left in rentable condition and 2) rent is paid until a new tenant is found AND takes over the house.

Best wishes



GG

gerryh_2

I'm I nice LL who always offers a get out after the 1st 6 month AST has expired. ie new AST with one months notice from tenant. Where I rent, I find that I always get new tenants within a few weeks, so normally only have a few days void, so your LL should be able to replace you quickly as you are efectively giving almost 2 months notice. Therefore agree with all that to talk with LL or letting agents should get you out without too much hassle. Otherwise don't pay last months rent & sneak out in Feb, without fotwarding address, & LL is stuffed. Not exactly correct advice, but it's what happens ! ! ! Gerry.

Gorgeous_George

gerryh wrote:

Otherwise don't pay last months rent & sneak out in Feb, without fotwarding address, & LL is stuffed. Not exactly correct advice, but it's what happens ! ! ! Gerry.

NO NO NO NO NO!

The LL can find you and could make a claim in court. Treat people as you would wish to be treated and you won't go far wrong.

GG

clutton_2

gerryh - you should be ashamed of yourself posting what you have - it is this sort of irresponsible talk which gives our business such a bad name.

The deposit is NOT for unpaid rent, it is for damages/breakages.

If a tenant "sneaks" out how is he/she to get a decent reference for their next place ?

gerryh_2

Hi. Tongue in cheek. It was not a suggestion, really, just what has happened to me ! ! ! + exactly the opposite happened to me. I was acting as LA for a 'friend'. His tenant paid rent to him & I looked after the flat, repairs etc for a modest fee. He then sold flat, tenant moved out, but without repaying deposit. He has moved since I last wrote to him. Is not on ER, directory 192.com etc, just disappeared.

silvercar

I would be wary of giving notice until you have exchanged contracts on your purchase. You don't want to end up homeless if your purchase collapses.

Tassotti

In my opinion, you are on a periodic contract and only have to give one month's notice.

You have not been issued with a new AST, only a 'letter', which, as far as I am aware' is not legally binding