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Getting out of my tenant's agreement early

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Comments

  • franklee
    franklee Posts: 3,867 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    I think the key thing here is what does your flatmate want to do. Does he want to remain? Assuming he wants to remain and can't afford the rent on his own then the best thing to do is for him to find someone else he is happy to share with and who would pass the landlord's checks. Basically you do have the right to find someone else subject to the landlords approval which cannot be unreasonably with held. Your flat mate needs to be involved as it isn't fair to dump a stranger on him. You would pay your share of the rent until the replacement moves in.

    If you both want to leave then you are liable to pay rent till the replacement tenants move in, but the landlord has to mitigate his loss by doing his best to find replacements. You are also liable for reasonable costs like advertising. You can also find a replacement if you want but again they have to pass the landlord's checks and again the landlords consent to them cannot unreasonably be with held.

    If you go on paying the rent then your deposit should not be affected and you would get your share back once you have been checked out but probably not until the replacement is in so that the landlord knows what his costs turned out to be.
  • to me your best bet is to get your flatmate and your self to think hard about your plans, can you afford to cover the 6 mts rent if you leave? i think you will find it near impossible to get out of it to be honest. maybe you could agree to pay your flatmate some money each month to help with the costs as the person will be on their own. there may well be things you can do but you must seek help and advise from the agent to see what can be done at the end of the day. you may be lucky, the agent may agree to let you go and find another tennant for what was going to be your room?
    good luck with new job and location.
  • Let's assume a tenant pays £500 deposit and rent of £500 per month.

    They move out having not paid the final month's rent and leave £500 worth of damage.

    I'd take them to court for the unpaid rent and not the damage which was covered by the bond.

    In the end, my point is that tenants should pay ALL the rent and wait to be refunded their deposit. They should not withhold the final month's rent assuming that the deposit will cover it. It may not.

    :)

    GG
    There are 10 types of people in this world. Those who understand binary and those that don't.
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