Ending a Fixed Term Tenancy

CPS91

Hi All,

After a bit of advice on behalf of my gf in relation to her fixed term tenancy.

The crooks of it is that we would like to rent a house together but currently my gf is in a fixed term tenancy which is 12 months long and ends at the beginning of July. She has contacted the agency that the property is through and has asked for the LL permission to leave to which the LL declined the request even with the offer of 2 months rent upfront for the bother plus associated relisting costs (£100).

Now normally I would be the voice of reason and say that's that but in the past 18 months (renewed the tenancy a year in) the agency/LL haven't been helpful in any respect (yes, renewing was a bad idea in hindsight but at the time was the only viable option to her) in terms of maintenance requests.

Is there any common law or regulations which can allow her to end the tenancy early? I have looked through her contract and there is no termination clauses that allow her to end it early but
there is one for the LL to give 2 months notice.

One element of repairs which they still haven't carried out since the first month she moved in is replacing the locks to the patio doors (they lost the keys) which is the only exit out the property without going through the kitchen as that is the room you enter when entering the property (converted Victorian to flats). So if there were a fire in the kitchen obstructing that door, the only other way is through the windows (granted on the ground floor but that's not the point)!

Like I say just after any helpful advice that people may have.

Here's hoping.

Thanks,
CPS

Bluebirdman_of_Alcathays

I'm afraid the only option is to pay the LL to leave early, wait until July to leave as per the contract, or try and negotiate something better with the LL.

Renewing wasn't the only viable option in July, she could have simply stayed beyond the original fixed term and declined a new contract.

Guest101

+ 1 to bluebirdman's post.

Stay and pay rent,
Go and pay rent,
Negotiate early surrender

(the landlords clause is bogus - he cant give two months notice to end a fixed term contract)

pinkshoes

Can you not move in with her?

As she is stuck there, she might as well be awkward; she has been more than fair offering to pay rent up front as well as costs to find new tenant.

She should put in writing that she is giving them 28 days to have the locks changed, otherwise she will get three quotes to get the work done, and deduct the cost from her rent.

thesaint

pinkshoes wrote: »

Can you not move in with her?

As she is stuck there, she might as well be awkward; she has been more than fair offering to pay rent up front as well as costs to find new tenant.

I don't understand why you are advising her to be awkward.
I assume she is an adult who decided to sign a contract because it was what she wanted.
The other party wants her to honour that contract, and he's the bad guy?

Guest101

thesaint wrote: »

I don't understand why you are advising her to be awkward.
I assume she is an adult who decided to sign a contract because it was what she wanted.
The other party wants her to honour that contract, and he's the bad guy?

Well the other party should also make the necessary repairs as they are obliged - assuming I've read it correctly that it was LL or his agents who lost the key, not clearly written, could be OPs gf

coryjenkinscpa1

CPS91 wrote: »

Hi All,

After a bit of advice on behalf of my gf in relation to her fixed term tenancy.

The crooks of it is that we would like to rent a house together but currently my gf is in a fixed term tenancy which is 12 months long and ends at the beginning of July. She has contacted the agency that the property is through and has asked for the LL permission to leave to which the LL declined the request even with the offer of 2 months rent upfront for the bother plus associated relisting costs (£100).

Now normally I would be the voice of reason and say that's that but in the past 18 months (renewed the tenancy a year in) the agency/LL haven't been helpful in any respect (yes, renewing was a bad idea in hindsight but at the time was the only viable option to her) in terms of maintenance requests.

Is there any common law or regulations which can allow her to end the tenancy early? I have looked through her contract and there is no termination clauses that allow her to end it early but
there is one for the LL to give 2 months notice.

One element of repairs which they still haven't carried out since the first month she moved in is replacing the locks to the patio doors (they lost the keys) which is the only exit out the property without going through the kitchen as that is the room you enter when entering the property (converted Victorian to flats). So if there were a fire in the kitchen obstructing that door, the only other way is through the windows (granted on the ground floor but that's not the point)!

Like I say just after any helpful advice that people may have.

Here's hoping.

Thanks,
CPS

I'm afraid you cannot end the term early....and get the owner to fix the locks.

CPS91

The general response I was expecting to be fair, thanks for the replies.

But yes it was the LL that had lost the keys, they were never issued when she began the tenancy.

Renewing was the only option in the sense that she had exams in December (when she had to confirm she would stay for another year, even though it was only half way through the tenancy) and again at the beginning of July she was in the height revision and exams so wasn't good time be moving home. It isn't a student rental by the way.

Again, thanks for the replies.

Cheers,
CPS

Bluebirdman_of_Alcathays

CPS91 wrote: »

The general response I was expecting to be fair, thanks for the replies.

But yes it was the LL that had lost the keys, they were never issued when she began the tenancy.

Renewing was the only option in the sense that she had exams in December (when she had to confirm she would stay for another year, even though it was only half way through the tenancy) and again at the beginning of July she was in the height revision and exams so wasn't good time be moving home. It isn't a student rental by the way.

Again, thanks for the replies.

Cheers,
CPS

Her personal circumstances are irrelevant, and she wouldn't have had to move home if the contract finished. When I rented I never used to renew contracts, and not once was I made homeless.

If the tenancy was allowed to run it's course it would automatically revert to a rolling monthly contract, which she could terminate with a months notice.

+1 for getting the LL to do the repairs - be persistent.

mouthscradle

CPS91 wrote: »

I have looked through her contract and there is no termination clauses that allow her to end it early but
there is one for the LL to give 2 months notice.

So does the contract have a break clause for the landlord's benefit, but not a similar one for your girlfriend? I might be wrong but I was under the impression this isn't allowed, and that any break clause in a contract has to afford both parties the same rights. Probably wouldn't help you much in this case unless the landlord did try and exercise the clause against your gf's wishes though.

Guest101

CPS91 wrote: »

The general response I was expecting to be fair, thanks for the replies.

But yes it was the LL that had lost the keys, they were never issued when she began the tenancy.

Renewing was the only option in the sense that she had exams in December (when she had to confirm she would stay for another year, even though it was only half way through the tenancy) and again at the beginning of July she was in the height revision and exams so wasn't good time be moving home. It isn't a student rental by the way.

Again, thanks for the replies.

Cheers,
CPS

She could've gone monthly