Renting question: Vacating before the end of Contract

Bettyboop

Hi All, I'm not sure if the title makes sense but this is the issue: I have rented my terrace house through an Agency since November 2006. The "tenancy" contract was verbally renewed in May for a further six months. To this day I have not signed an extension on the contract nor have I been asked to pay the so called admin fee of £25.00 for that purpose! Therefore I should be moving out in November - handing in the notice one month before. The question is I am changing jobs late September and will no longer be able to afford the property. My husband and I seperated which was the reason for the move in the first place. We have worked out a lot of our differences and I want to move back to our marital home with out daughter (4) in October if that's at all possible. My rent is paid on the 10th or 11th of every month. If I were to give notice on the 10th/11th September and move out in October....what are the chances of me getting my deposit back? They are holding £650.00 which I cannot afford to loose. Does anyone know a way out of this? or are there any experts who could offer some useful advice? Thanks again. I'm sorry if this is at all confusing.

pickles110564

if your rent = deposit dont pay last month rent keep rent money and you both break even

daphne_descends

I'd ask them, you've signed nothing after all.

daisyroots_2

I think that since you signed nothing, the Agreement may have "gone periodic" meaning that at any time either side can give 2 months notice. If I'm right, you'd be there till 11 November. However, not all Agreements are standard, and I suggest you read your Tenancy Agreement, in case there are any variations in it, and also speak to the Letting Agent. If they can find new tenants who want to move in earlier, they may release you from having to stay the full two months. And I don't think you have to give notice on a particular day in the month - give it as soon as possible. Good Luck

coal9011

Yes, "daisyroots" is quite right!

I hope everything works out OK for you

real1314

hmmm, to some degree I'd agree that it should have gone to a periodic tenancy (which requires 1 months notice from tenant, but 2 from the landlord), but you do say that it was agreed verbally that you renewed on a 6 month basis. This is still a contract even though it was verbal
The letting agent may have a record of this? They may have a set procedure to continue correspondance when renewal has not been agreed, and may be able to show that they did not enter into such correspondance in your case, thus establishing that you had agreed verbally?

I'd advise that you write to them now, asking if they will accept notice to end the tenancy on 10th Oct. If they write back agreeing, you're ok.

LittleYoda

pickles110564 wrote: »

if your rent = deposit dont pay last month rent keep rent money and you both break even

No - both parties will not break even, if the property is not in the same condition it was in when the tenancy began, making allowances for general wear and tear.

Not casting any aspersions here, but if there is damage the landlord will be forced to foot the bill, and will be chasing the tenant, possibly through the small claims court for the cost.

Not paying the last months rent, will be in direct violation of the tenancy agreement that you have signed.

Gorgeous_George

real1314 is spot on.

I understand the temptation to not pay the final month's rent but that is a breach of contract and isn't the right thing to do. It should also be totally unnecessary. Let you LL and LA know your plans as soon as possible and offer to work with them to ensure new tenants can move in when you move out.

I hope the reunion goes well - for your daughter's sake if nothing else.



GG

A_Nice_Englishman

I would tell your letting agent that you understand the tenancy is now a periodic one and you only need to give a month's notice. Ask them to remarket the property right away and hopefully they will find a new tenant who wants to move in the same time you move out.

If it's possible for you to move back into the marital home earlier than October say you will do this if it helps them re-let the property. If you are helpful to them they are more likely to be helpful to you. Moving earlier will also save you money as you won't have two lots of bills to pay.

Withholding your rent is unlikely to endear you to your landlord or his agent.

Bettyboop

Thanks again everyone for your helpful advice. First thing tomorrow morning I will be phoning them to inform them of my decision to vacate and I will send a letter in confirming this but I will also ask them to speak with the landlord about ending it one month sooner. I'm really worried and I hope it everything will be okay. The property is brand new like the day it was when we moved in. The carpets have been cleaned twice a week and I have protected the entrance area with additional rugs to protect his carpet.

A_Nice_Englishman

Good luck.

And even if you do end up having to pay one month's more rent than you had planned, won't it be worth it to be back together as a family again?