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

kinger101

oldbaldman wrote: »

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

I posted the link to discourage others exploring the "capacity" argument, particularly as a first course of action; I'd already expanded on this after artful's post, but you still suggested this might be a good option. But yes, perhaps I should have elaborated more for the OP.

For the OP's benefit, the legal position is that the contract will remain valid if your cannot show on the balance of probabilities that (a) you lacked capacity to sign it at the time, and (b) the landlord was aware (or should have been) of any incapacity.

Most psychiatric disorders will have periods where the individual fluctuate between times when that have or lack capacity. Even if LL was aware of a history of health problems, they'd need to have been aware that OP was presenting with a condition at the time which ought to have indicated loss of capacity.

I think posts suggesting OP pursue this argument, particularly without appealing to the landlords business sense or sense of compassion first are profoundly misguided. Opening on a legal argument is only likely to make them take an entrenched position.

jjlandlord

I think that the goal of the OP is (or should be) to save money and certainly to save trouble, and not to potentially spend thousands, plus the stress, on uncertain legal arguments.

Dan-Dan

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.

a last resort surely!

jaylee3

Helena1992 wrote: »

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?

Hiya Helena. I hope you're OK today.

Basically, you are in a tricky position, and I can only back up what people have said on here, that it's best to be honest, and basically tell your landlord exactly what you have told us here. Tell him that you have been suffering some psychological and mental health problems, and you would be very grateful if you could give notice early, (well ASAP if possible,) because you cannot stay in the house alone, and you need to move back in with your parents.

Don't expect him to say yes though, because some landlords will just say sorry but you signed the contract, and won't budge. Although, as someone said earlier, it would not benefit the landlord to have an insolvent tenant and a big void period. I don't think saying you 'lacked capacity' will do the trick to be honest. I would just go with being 100% honest.

Thing is, several years ago, a friend of mine was in private let, and she and her husband had been there a year, and then they signed an 18 month contract. 9 months in, her husband got a job promotion, and it was almost double the pay, but it was 100 miles away. So of course they had to look into moving.

When they told the agent this, and asked if they could be freed early from the contract, they said 'yes of course: you just need to find someone else to take over your tenancy.' Very polite, but very matter-of-fact. My friend said but how? And the agent said 'just ask around your family and friends and workmates etc.'

Basically, they were not going to let her and her husband leave, unless they found someone else, even though they had a more than valid reason for leaving the tenancy.

It is rare that a landlord will let someone leave early, but maybe if you explain clearly what your issues are, and maybe offer to pay for advertising fees to help him get a new tenant, he will let you go, You may find yourself having to still pay rent until someone else takes over the tenancy though.

In the end by the way, my friend and her husband ended up staying another 3 months, (so there was 6 months left on their tenancy,) and then they moved, and just ended up paying the last 6 months rent in a lump sum just after they left (£3000.) It was a pain, as they had to pay moving costs, and the rent on the new place, but his salary was almost double, so they made the money back quite quickly. Long term, leaving early, and paying the £3,000 for the last 6 months rent was the better idea.

theartfullodger

This may be helpful
http://www.mind.org.uk/media/1624759/guide-to-housing_2014.pdf
& the charity worth making a 'phone call to.

Good luck!

oldbaldman

To kinger101 - Wholly agree that the business argument should be put to the LL, to appeal to their business head and the illness and potential incapacity issue to appeal to the LL's conscience.

The legal route with solicitor's fees, expert witness costs should be the last resort, and then only if factored in against the cost of paying for the rent due v the cost of litigation, and costs incurred, potentially from both sides if an award made against the OP.

obm