Breaking a flat contract

lolavix

Similar happened to me with a mate but he just stopped paying his rent and bills, I just had to pay everything until the lease was up

krlyr

Definately could be worth talking to the EA - as someone else said, if it's a property that will be easy for them to rent out again, the agents/landlord may rather just break contract than have the hassle of missed payments (believe it's 2 or 3 months the tennant could get in arrears before LL can serve notice) that they might not recover.

Person_one

This is what housing benefit/LHA is for.

Get her to read this: http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/On_a_low_income/DG_10018928

burnoutbabe

its his responsibility as well. both will be chased for payment.

Can't she sublet and move in with some mates?

Best to just tell them you want the contract ended, they have to mitigate their losses by trying to relet asap. So maybe 1 months extra rent and cost of tennant checks. the ex pays half.

Kimberley82

She isn't allowed to sub let but is going to look in to housing benefit

Fire_Fox

If you run a search this type of issue has been addressed many times on the House Buying and Renting board http://forums.moneysavingexpert.com/forumdisplay.php?f=16

Whilst your friends are contracted the landlord should find alternative tenants if they write to the landlord and explain the situation. They will be responsible for all costs until the new tenants are in place, and any costs of finding new tenants but this could well be less than a year's rent. Both parties can potentially claim HB in the short term, but only if he is living there, it's not the end of the world for one to sleep on the sofa or a blow up bed for a while.

thorsoak

At 18, she will only get the shared room rate.

skintandscared_2

Has she double checked the contract for a six month break clause? They are quite common with 1 year leases. She may not be stuck there for quite so long if there is such a clause. Oh, and he can't just walk away from the flat - he's still jointly liable for the rent!

RosaBernicia

Agents often don't put a break clause in unless you ask for it, as it's more in their interest to try and keep you for the year. I've always had to negotiate for it.

However, I think there's usually a clause stating the penalty for moving out earlier.

Tiddlywinks

Gillyx wrote: »

I find it quite crazy that, a young couple like that were able to sign a lease and were more than likely credit checked so the agents would have known it would take 2 wages to pay and they weren't told they needed a guarantor.

See the first post - they are adults and both had jobs at the time of signing the contract. Why shouldn't they be allowed to sign a lease, they're allowed to vote, get married etc.

Kimberley82 wrote: »

I have a friend she is 18 and 4 weeks ago signed a contract to rent a flat for a year with her boyfriend. They both had jobs saved for the deposit etc. the relationship has broken down. It seems it can't be fixed. He has lost his job she can not afford the place on her own. It's a one bedroom place so getting a room mate is not an option

She us trying to find out if she can break the contract with the landlord, it's through an estate agent

Your friend and her BF signed a contract which is binding to both parties so her BF needs to understand that he has a moral obligation to help sort things out (although contracts usually insist that each party is wholly responsible if the other party can't / won't pay so your friend is stuffed as she remains liable for the full rent and costs if BF walks away).

Your friend should speak to the agent and tell them what has happened - they will need to readvertise and vet new tenants and there will be costs involved. Your friend will need to be prepared to pay the rent until a new tenant can move in along with all additional costs incurred by the landlord (extra agency fees, cleaning etc) - essentially, the LL must not be left out of pocket.