Leaving a rental property early.

mrsemrsi86

We have been in our current home for 6 years, always paid the rent on time and have added significant value to the property at our expense by renovating the bathroom, garden and flooring. We moved to a periodic (or month to month) contract last year so that we could find a new house as we needed more space for our daughter. Having found another property to rent we applied for it. However,by the time we found out that we had been accepted for the house we were 5 days past our start date or rent payment date (20th of Feb). We told our current rental agent, but because of the 5 days were told we couldn't move till the 20th April. The new rental agency have told us we would lose the property if we they had to wait till then.

My question is, can we leave early? We have tried with our current agency for them to get in touch with our landlord and ask permission for us to leave early (within 3weeks instead of 4) but they haven't been very cooperative and have said they can't get in touch with him. We have withheld this months rent at the moment, but don't won't know whether to just leave and let them have the deposit or just give up our new house!

duchy

You can vacate the property earlier and pay the rent on both for the crossover period. From what you say it's only a week so less loss than losing your deposit presumably.

AdrianC

Withholding rent is NEVER a good idea...

Sure, you can leave whenever you like. But you are still legally liable for the rent until the 20th April. If the deposit will cover some of that, then that's fine. But if it won't - after whatever deductions are due from it - you could still be taken to court to pay what you legally owe.

mrsemrsi86

The deposit more than covers the rent due. We are just annoyed that our letting agent won't even try to attempt to get in touch with our landlord. I know that you can ask his permission to leave early, it would just be nice to know if we have that option. We have never spoke with him personally only through through the agent.

AdrianC

In your first post, you said they can't get in touch with him.
Now you're saying they won't.

Do you KNOW they could if they tried?

duchy

It doesn't explain why you are witholding rent though.

mrginge

You have seriously withheld rent?

Good grief.

How would you feel if the agency came round while you were out and changed the locks?

You have no right to early surrender without LLs agreement. How likely do you think that is now you've decided to screw them over?

bebewoo

mrginge wrote: »

You have seriously withheld rent?

.

How would you feel if the agency came round while you were out and changed the locks?

They can't do that it is extremely illegal.

mrsemrsi86

I feel the letting agent aren't trying hard enough to get in touch with him. I know they have at least tried once to call him, but it feels as though they're delaying it so they can stop us from moving!

We are withholding this months rent as if we feel if we leave before the 20th they will delay returning our deposit and we need it for the next property.

Is there such thing as paying for say the one week of rent we have over? So we pay for the 20th match till 25th, rather than having to pay another full months rent?

LittleMrsThrifty

So rent day is 20th. If you had given notice on or before 20th February you could have left on 19th March. You didn't give notice on or before 20th February, so you need to wait until the next rent day (20th March) which would mean leaving on 19th April. I don't understand what rent you are withholding since you would have already paid 20th February before you gave your notice and the rent for 20th March isn't due yet. But in any case, withholding rent isn't a good idea.

Your options are:
- Appeal to the letting agent/landlord and ask if you can give a month notice starting the date you gave it rather than waiting until 20th March.
- Ask whether you can begin renting your new house later, closer to 20th April
- Pay for two houses for the period in between.

AdrianC

mrsemrsi86 wrote: »

but it feels as though they're delaying it so they can stop us from moving!

Umm, you're the one who is asking for a favour here, remember?

We are withholding this months rent as if we feel if we leave before the 20th they will delay returning our deposit and we need it for the next property.

And that is neither the agent's problem, nor the landlord's problem.

YOU LEGALLY OWE THAT MONEY.

Is there such thing as paying for say the one week of rent we have over? So we pay for the 20th match till 25th, rather than having to pay another full months rent?

I don't think you're getting the message here... You are legally required to pay rent up until the 20th April. Your tenancy does not end until the 20th April. You are asking for a favour from the landlord - to be released from your contractual obligations early.

IF he agrees to that, then - yes - you can pay just the rent up until the point at which you and he agree for the tenancy to end. But, unless and until agreement is reached, YOU OWE RENT UNTIL THE 20th APRIL.