I'm unwell and need to get out of my fixed private tenancy

Helena1992

Hey I need some advice on how to get out of my private fixed tenancy now I've been unwell. Basically I was hospitalized in a psychiatric hospital some weeks ago, I was released and have just started to get better. I've had a long history of psychiatric problems but this was was especially bad.
When I was unwell I resigned my private tenancy to a higher rent, as I lacked some insight at the time and sent it back to my landlord. Now I am starting to become well I am in a situation where I cannot work like I used to in the foreseeable future and will not be able to afford my rent of £800 per month plus bills. And housing benefit will not even cover this plus I can't stay here alone.
My mum wants me to come back and live with her until I am well again and need her support so I need to get out of the tenancy soon. Is there any way out of this?

19lottie82

Your LL is under no obligation to release you from your tenancy.

All you can do here is explain your situation and hope he agrees to a mutual surrender.

Hopefully if he has any sense he will realise it's not worth holding you to a contract when you don't have the money to pay the rent, and when you don't, there won't be any point taking you to court to recoup his losses.

If you can afford it it may help your case to offer to cover the costs of finding a new tenant.

kinger101

The best thing you can do at first is speak to the letting agent and landlord and explain the situation. Hopefully they will be sympathetic.

All the best for your recovery.

Paul_the_Painter

You're CPN, may be able to help by either providing support/corroboration or pointing you to someone who can.
This will probably cost you something, but I don't know of any landlords who would rather have a non-paying tenant, and a court battle to recover rent (that won't be recovered for years if at all) vs an early surrender and remarketing of the property

ognum

I would talk with your LL or write and fully explain the situation, if you were my tenant I would rather you prioritised your health than my rent.

Always try a conversation!

jjlandlord

If you explain the situation your landlord may indeed agree to let you go as he would have nothing to gain in keeping an insolvent tenant.

Hopefully he will see it that (reasonable) way.

theartfullodger

Helena1992 wrote: »

...When I was unwell I resigned my private tenancy to a higher rent, as I lacked some insight at the time and sent it back to my landlord. ......

You could try arguing that you "lacked capacity" to sign and thus are not bound by that signature: If you wish to take that line you need qualified legal advice from, I would suggest, a MH specialist solicitor.

kinger101

theartfullodger wrote: »

You could try arguing that you "lacked capacity" to sign and thus are not bound by that signature: If you wish to take that line you need qualified legal advice from, I would suggest, a MH specialist solicitor.

I think you'd need to be careful about that approach. It would probably be very difficult to prove that the capacity to enter into the contract did not exist when the tenancy was renewed. I think the LL would have also needed to have been aware of lack of capacity.

oldbaldman

theartfullodger wrote: »

You could try arguing that you "lacked capacity" to sign and thus are not bound by that signature: If you wish to take that line you need qualified legal advice from, I would suggest, a MH specialist solicitor.

I agree with the view expressed by Artful above.

But I would ask someone, a friend, your mother, someone who can clearly and concisely articulate your position at the time of singing, to write a letter for you to the LL explaining that in the circumstances the renewal was not a decision that any reasonable person in your position would have made. Illustrate this with the detail you have put here, and then with the sums showing that actually you can not afford the property and you can not live alone.

If you do not/did not "have capacity" in law to sign a legally binding contract, but can arrticulately state a case for being excused from one with some legal argument, I doubt that the LL would be convinced?

Good luck, and I hope your health improves.

obm

kinger101

oldbaldman wrote: »

I agree with the view expressed by Artful above.

But I would ask someone, a friend, your mother, someone who can clearly and concisely articulate your position at the time of singing, to write a letter for you to the LL explaining that in the circumstances the renewal was not a decision that any reasonable person in your position would have made. Illustrate this with the detail you have put here, and then with the sums showing that actually you can not afford the property and you can not live alone.

If you do not/did not "have capacity" in law to sign a legally binding contract, but can arrticulately state a case for being excused from one with some legal argument, I doubt that the LL would be convinced?

Good luck, and I hope your health improves.

obm

Mental incapacity alone is not sufficient to have a contract voided.

http://www.inbrief.co.uk/contract-law/contract-law-capacity-mental-disability.htm

It's better to appeal to the LL's business sense (not wanting a tenant who cannot pay) and compassion (not wishing to hold them to the agreement under the circumstances) than launch into a weak legal argument which would probably not end well if and when it did go to court.

oldbaldman

kinger101 wrote: »

Mental incapacity alone is not sufficient to have a contract voided.

http://www.inbrief.co.uk/contract-law/contract-law-capacity-mental-disability.htm

It's better to appeal to the LL's business sense (not wanting a tenant who cannot pay) and compassion (not wishing to hold them to the agreement under the circumstances) than launch into a weak legal argument which would probably not end well if and when it did go to court.

The bit in bold perhaps should state "may not alone be sufficient"? But your point presents another avenue that could be used by the OP.

However, if the OP is sufficiently unable to "deal" at the moment, they may not be able to read and follow the link, or they may be?

And, at this stage we do not know what the other party knew, or did not know or should have known or could have known? Or what influence, if any they may have exerted on the OP?

Rather than strongly suggest, almost state, a definite position on incomplete information would it not be better to point out the possibilities, as that is all that anyone can be sure of at this time that nothing is certain?

obm