Ending lease early.

ziggles50

Hi
Hope someone can help...
i lost my job after having signed a short assured tenancy lease (joint with flatmate) 2 months ago. So parents have said i should move back home:o
I have read all the advice on how you are liable to pay any rent until the end of the lease in August.
I am wondering if it would work if I just paid up the remaining months rent (3 or just pay 2 months and let them keep my deposit) and hand in the keys so that I do not have any other bills like Gas/electric. Not sure what the deal is on Council tax. That way at least my flatmate could go on until the end of the lease but i would not have any more bills.

Is this in any way feasible?

jjlandlord

Is the tenancy in England or Wales? Are you the sole tenant, or a joint-tenant?

ziggles50

jjlandlord wrote: »

Is the tenancy in England or Wales? Are you the sole tenant, or a joint-tenant?

Hi I'm in Scotland and i'm a joint tenant.

toasterman

ziggles50 wrote: »

Hi
Hope someone can help...
i lost my job after having signed a short assured tenancy lease (joint with flatmate) 2 months ago. So parents have said i should move back home:o
I have read all the advice on how you are liable to pay any rent until the end of the lease in August.
I am wondering if it would work if I just paid up the remaining months rent (3 or just pay 2 months and let them keep my deposit) and hand in the keys so that I do not have any other bills like Gas/electric. Not sure what the deal is on Council tax. That way at least my flatmate could go on until the end of the lease but i would not have any more bills.

Is this in any way feasible?

Can your flatmate afford all the bills on their own?
If you can afford to pay the remaining month's rent, why not stay living there, and look for another job?
Or put in a claim for jobseeker's allowance/housing benefit while you get back on your feet?
Assuming you have paid enough National Insurance, you can claim jobseeker's allowance for 6 months without having to prove hardship/show bank details.
You don't have to tell the agent/landlord you're not working, and the council can't contact them for information unless you expressly give them permission.

Maybe it's just me, but once I'd moved out of my parents' house, there was no way I was going back unless it was my absolute last resort.

Assuming you do move out, why not find a tenant to replace you via gumtree/easyroommate? A few months might not be a long tenancy, but foreign visitors or people looking to relocate might be glad of the short-term risk.
Or people desperately looking to leave a house they dislike.
There will likely be a fee from an agent (if you are using one) to change the details, but the person moving in will pay this.

Also, why is it only 3 months? Assuming you've already paid til end of April, surely you have 4 month's left, to the end of August?

Edit: Just noticed you're in Scotland. Some/all/none of what I've said might be wrong, as I'm going off the English rules.

G_M

I too am unfamiliar with Scottish rules, but I guess
a) you cannot just substitute a replacement - i imagine subletting is not allowed..
b) your joint tenant might be unhappy about having to pay the full utility bills alone?
c) your joint tenant might be unhappy about sharing with a stranger - even if your landlord alowed it

Step one is obviously to discuss this with your joint tenant and find out what he can afford, and what he is willing to do or accept you doing.

Step two is to discuss with your landlord - he might be willing to end the tenancy (for you both) and set up a new one with your joint tenant and a. n. other.

Oh- forgot - step one is actually to research Scottish rental law! Shelter Scotland?

so3003

Stating the obvious, but what does your tenancy agreement say? First thing I'd do in this situation is discuss with your flatmate and landlord and ask if you can come to a sensible agreement - then you know where you stand (morally though not necessarily legally) and proceed accordingly. Citizens Advice Bureau and/or your local council can be helpful, whether it's a private landlord or council house (I presume the former from your description).

Scott

ziggles50

toasterman wrote: »

Can your flatmate afford all the bills on their own?
If you can afford to pay the remaining month's rent, why not stay living there, and look for another job?
Or put in a claim for jobseeker's allowance/housing benefit while you get back on your feet?
Assuming you have paid enough National Insurance, you can claim jobseeker's allowance for 6 months without having to prove hardship/show bank details.
You don't have to tell the agent/landlord you're not working, and the council can't contact them for information unless you expressly give them permission.

Thanks- any hopes of a job are not on the horizon and i cannot get benefits. Parents are the only way forward unfortunately.
I want to leave to avoid having to pay anything more than i already have to- i.e. rent.

G_M wrote: »

I too am unfamiliar with Scottish rules, but I guess
a) you cannot just substitute a replacement - i imagine subletting is not allowed..
b) your joint tenant might be unhappy about having to pay the full utility bills alone?
c) your joint tenant might be unhappy about sharing with a stranger - even if your landlord alowed it

Step one is obviously to discuss this with your joint tenant and find out what he can afford, and what he is willing to do or accept you doing.

Step two is to discuss with your landlord - he might be willing to end the tenancy (for you both) and set up a new one with your joint tenant and a. n. other.

Yes you are right on all counts. Other tenant is a student so can afford diddly squat! I myself am a substitute/replacement tenant and according to the agent this cannot be done again (especially so soon after the last one in Feb)

so3003 wrote: »

Stating the obvious, but what does your tenancy agreement say? First thing I'd do in this situation is discuss with your flatmate and landlord and ask if you can come to a sensible agreement - then you know where you stand (morally though not necessarily legally) and proceed accordingly. Citizens Advice Bureau and/or your local council can be helpful, whether it's a private landlord or council house (I presume the former from your description).

Scott

thanks Scott- i will have to ask Citizens Advice- as though the lease says i can find another tenant and pay all marketing bills and pay the change of name/lease fee- the agent has said the owner will not be amenable to this. (suspect the agent hasn't even asked though:()

Looks like i will have to throw myself on the parents/other tenants mercy!:(

Yorkie1

I'd have thought that if the lease specifically allows substitution of tenants, and doesn't place any restrictions on number of times / LL's consent, then the LA's views are irrelevant.

G_M

If you want meaningful advice on your legal position (in addition to advice on a diplomatic option) then you need to answer the questions about your tenancy.

You've now thrown in an additional 'fact' regarding tenant substition - I suggest you quote exact wording, as well as answering previous questions....

As Yorkie points out, what the agent says may not be the same as what the LL says, which in turn may not be same as what the tenancy says!