Ending Assured Shorthold Tenancy Early

jimmyfox

We have been renting a house for the last four years, and we have been very good tenants :A. We have just bought a house and we are about to exchange contracts. However our landlord says we cannot vacate until the 30th of September which is when our renting contract ends.

Our landlord has been aware that we are buying a property and has been emailing us on weekly basis to check if our mortgage offer was made or not. We have a six months breaking clause in the contract but we didn't use then because we had a failing mortgage application.

We have friends who are happy to move into the house we are renting and pay exactly the same rent, covering the remaining two months, and renewing for the coming year. Yet the landlord is refusing to have them cover the period until end of September.

We're confused and don't really know what our rights here are. We thought finding a tenant that is happy to pay the same rent removes our obligation for staying at the property, but the landlord isn't happy for us to exercise that option :mad:. Can they do that?

G_M

See

Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

Your rights? You have the right to live there till your tenancy ends. You cannot be forced to leave (unless you fail to pay the rent).

In return, you have the obligation to pay the rent till the tenancy ends.

It is unlikely you can sub-let (though check your tenancy agreement).

wannahouse

the landlord is being ridiculous though, as he's running the risk of tenants just giving him the finger, and leaving without notice, as he's being so inflexible!
whats the point of forcing people to stay when they dont want/need/are able to?
if there is suitable tenants who's references check out and they are prepared to take on a new tenancy, why not allow that?

also, i thought that a 6 mth breakclause meant that you could break the lease at any point after the 6 mths, but i may be wrong...

G_M

wannahouse wrote: »

the landlord is being ridiculous though,
not enough information provided to deduce this
as he's running the risk of tenants just giving him the finger, and leaving without notice,
that is always possible when a fixed term ends - part of running the business. Or do you mean walking out before the fixed terms ends? He deducts rent from deposit and/or sues.
as he's being so inflexible!
True,
whats the point of forcing people to stay when they dont want/need/are able to?
Perhaps he's thinking of selling when the fixed term ends.. who knows?
if there is suitable tenants who's references check out and they are prepared to take on a new tenancy, why not allow that?
we have no information as to whether the proposed replacement tenants are 'suitable'.

also, i thought that a 6 mth breakclause meant that you could break the lease at any point after the 6 mths, but i may be wrong...

Depends on the wording of the break clause. As we can not see it we can not comment.

Having said that, I agree the LL seems inflexible, esp given that there has been regular correspondance about the tenants' plans.

But that is his prerogative.