A Tenancy Agreement Query..

xprienced

Hi,

I'm a new user of this forum, found it very helpful and would like to ask a question (might be simple for most, but is difficult for me).

I am currently paying rent for a property on AST, which is for a one year duration (I suppose it is fixed-term) from Dec 06 to Dec 07. I want to move out and rent another property before the end of agreement. I can give 1-2 month(s) notice to my landlord. The tenancy agreement, however, does not refer to any such notice nor does it address the ending of contract before its expiry. Does this mean that I cannot move out even if I have a valid reason? What rights do I have in this situation?

Any suggestions/pointers would be extremely appreciated. Thanks!

xprienced

I just found the following information from the tenancy agreement which is relevant to my query:

"The Tenant shall pay to the Landlord on the signing hereof the Deposit for the due performance and observance by the Tenant of the agreements and stipulations on his part herein contained other than the payment of rent such sum to be repaid to the Tenant at the expiration or sooner determination of the tenancy unless there shall be a breach of any of the said agreements and stipulations in which event so much of such sum as shall represent the cost of making good any such breach shall be forfeited by the Tenant to the Landlord and the balance (if any) shall be repaid to the Tenant or (as the case may be) any deficiency in the cost shall be paid by the Tenant to the Landlord"

Please advise. Thanks!!

prudryden

Unless there is an "Early Termination Clause" or a break clause in the contract, you will be liable to the terms of the contract until expiry of the contract.

Gorgeous_George

A classic case of wanting your cake and eating it. So often tenants complain that they don't have security of tenure and it's all the LL's fault.

Speak to your LL or letting agent (LA). Explain that, due to a change in circumstances, you would like to end the tenancy early. This will give your LL/LA time to find a new tenant. You will be liable for any rent due until the new tenant moves in so be prepared to show prospective tenants around.

You may be liable for any costs that the LL incurs in finding a new tenant. Your LL/LA must make all reasonable steps to mitigate your losses.

Good luck. You may wish to ask for a six months tenancy next time - or at least one with a break clause.



GG

xprienced

Thanks prudryden and Gorgeous George for your replies. I understand that I would have to comply with the contractual terms, but I was of the view that because early termination is not specified in the agreement, so standard notice period would apply by default. Does that not seem logical?

The thing is that me and my partner are planning to live together and hence I'm looking for a bigger apartment (current one is a studio). I can explain this to my LL, who I believe will be able to understand the situation (fingers crossed).

In the worst case scenario, I think I will have to build a wall to split the room into two (to make a living room)

CB1979_2

yeah good luck building a wall! lol

early termination is not specified in the agreement, because it's not offered therefore you have to hand in your notice for it to end when your tenancy ends.

do as GG has said, you could also ask if the LL has any other properties, that you may wish to rent (may go down a bit better than, I want to move)

silvercar

I was of the view that because early termination is not specified in the agreement, so standard notice period would apply by default. Does that not seem logical?

Not logical at all! No notice period to give you security of knowing you have the place for a whole year and can't be turfed out because the landlord changes plans etc. If the original contract term had expired, then the tenancy would become periodic and you would be able to give notice. Within the original contract time period you are bound by its conditions.

Guy_Montag

If you can find someone to replace you that should get you out of it.

Gold_Shogun

Guy_Montag wrote: »

If you can find someone to replace you that should get you out of it.

Not automatically it wouldn't ... Most agreements rarely allow a tenant to unilaterally sublet or "assign" their obligations.

It would :-
A) ... Require the voluntary agreement & permission of the LL to be legal
&
... Reasonably require the proposed replacement / assignee to pass the same vetting & reference procedures as the outgoing tenant.

Tenants cannot & should not reasonably expect to have the best of both worlds, namely Security of Tenure AND the freedom to try & walk away early without paying whenever it suits them.

jyonda

It might cost you a few quid to get out of it but hopefully once you've spoken to the LL or LA they'll be able to line someone else up without too much trouble. What they won't do is agree to a situation where there could be a void period. Most LL's are quite reasonable. I wouldn't start quoting your rights/ contract as you are basically asking for a favour. You'll probably get out of it early but not as soon as you'd like and it will depend on when someone else can move in so you would have to be flexible.

Gold_Shogun

jyonda wrote: »

It might cost you a few quid to get out of it but hopefully once you've spoken to the LL or LA they'll be able to line someone else up without too much trouble. What they won't do is agree to a situation where there could be a void period. Most LL's are quite reasonable. I wouldn't start quoting your rights/ contract as you are basically asking for a favour. You'll probably get out of it early but not as soon as you'd like and it will depend on when someone else can move in so you would have to be flexible.

A very fair & balanced post ... Thank You.