Leaving a rented property before contract is up with arrears

samantha3992

Hi,

So basically we are renting a new property since the end of august and ever since then it has been one thing after another - the previous tenant left fleas in the home so we had leave for a week until the landlord sorted something - she never did so we went back into the home and got it sorted ourselves. She promised to leave flea bombs off the first week in sept and we are still waiting. We are behind in rent because alot of details got mixed up and there is arrears of maybe £400. We are paying these off ontop of our current rent. The neighbours do nothing but drink and she is aware of this but has made no effort to help. We have no deposit and have found a new house which we love in a different area. What grounds do I have and can I leave the property before my lease is up?

Guest101

samantha3992 wrote: »

Hi,

So basically we are renting a new property since the end of august and ever since then it has been one thing after another - the previous tenant left fleas in the home so we had leave for a week until the landlord sorted something - she never did so we went back into the home and got it sorted ourselves. She promised to leave flea bombs off the first week in sept and we are still waiting. We are behind in rent because alot of details got mixed up and there is arrears of maybe £400. We are paying these off ontop of our current rent. The neighbours do nothing but drink and she is aware of this but has made no effort to help. We have no deposit and have found a new house which we love in a different area. What grounds do I have and can I leave the property before my lease is up?

1: What do you expect your landlord to do about your neighbours?!
2: you've not been paying rent...
3: You have no deposit to move
4: You cant just leave and not pay

samantha3992

1. she owns that house also
2. it was her fault the rent wasn't paid as she wouldn't give me bank details
3. she never wanted a deposit
4. I never said I was leaving and not paying

Pixie5740

Fair enough your landlord was late in giving you the bank details but that doesn't really explain why you are still in arrears several months down the line. If you didn't know how/where to pay the money you should just have set it aside until you did get her bank details.

What is the exact start date of your tenancy? How long is the fixed term and is there a break clause?

Edit: If there is no break clause then, legally you are liable for the rent up to the end of your fixed term. You can move into another property but you will need to keep paying your rent on the current property or your landlord can pursue you through the courts for the unpaid rent.

You could try negotiating an early surrender with your landlord but she is under no legal obligation to allow you to end your tenancy early.

Cakeguts

1 If she owns that house as well ask her.
2 Not having bank details doesn't cause arrears because you put the money aside and pay her when you do have the bank details. Instead you spent the rent on something else. Your fault.
3 What is the problem with the deposit then? Why mention it?
4 You have to pay the rent until the end of the tenancy that you signed unless the landlord lets you move but you will still be liable for the arrears.

Guest101

samantha3992 wrote: »

1. she owns that house also - Ok, but presumably they are not in rent arrears....
2. it was her fault the rent wasn't paid as she wouldn't give me bank details - But you knew it was owed, so why did you spend it?
3. she never wanted a deposit - that wasn't clear, it sounded like you had no deposit for the new property.
4. I never said I was leaving and not paying

as for 4. your question is: What grounds do I have and can I leave the property before my lease is up?


If you plan to pay up in full, then no issues at all, simply tell your LL.

marksoton

I'm confused.

Why in the actual hell would you want to move into another property owned by a LL you're clearly not happy with!?

AnotherJoe

marksoton wrote: »

I'm confused.

Why in the actual hell would you want to move into another property owned by a LL you're clearly not happy with!?

Why do you think they do?

TBagpuss

1. If the neighbours are causing you problems then you can adress this directly. Speak to the neighbours, contact the local council (for noise issues) or the police (if theyare agressive or abusive).

Check your lease - see what it says abotu 'quiet enjoiyment' - iof you think that they are breaching that then write to the landlord to raise the issue, but if they are paying their rent she may decide that she would ratherhave them happy than you.

2. Rent - as others have said, if she failed to give you bank details you could have set the money aside so it could be paid as soon as details were provided. You could also have sent her a cheque.

3. If there is no deposit then she cannot witholdit. That would not stop youhavign responsibility for anydamae you cause, and she could pursue you via the courts if she wnated.

4. Moving out - you would need to read your lease. If it is a standard AST then you can probably leave at the end of February. if you leave sooner then you are liable for the rent until the end of the tenancy.

Your best bet is to talk to the landlord. Try to negotiate with them for an early surrender of the tenancy. It may help if you are able to identify new tenants so that she can minimise any void period, and you would normally need to pay for the additonal costs - e.g having an agreement for early termination drawn upm, possibly the cost of a new agreement with the new tenant.

Hpwever, it sounds as though the only real issue is with the neighbours, as the flea problem has now been dealt with and your rent arrears are a bigger problem for your landlord than for you, so rather than incur the cost of moving and the potential finacial liability of breaking your lease, you might di better to address the issue if the problem neighbours directly.
How does their drinking cause an issue for you?

Lanzarote1938

I got the impression the present landlord also owned the house next door with the drinking neighbours not the new house they would like to move to.

mrginge

samantha3992 wrote: »

2. it was her fault the rent wasn't paid as she wouldn't give me bank details

I gave up reading at that point.