Fixed term renting help

Kittyrules

My husband and I have separated and he took the tenancy on himself as he couldn't get any help in moving. He does work but housing told him he is not entitled to any help as he is 34 and said he basically just needed to find somewhere cheaper.

Which he has done. Now the landlord has said cause he is in a fixed term he has to pay the rent until they can find someone else to move in.

This is impossible he has had to borrow money from his parents to pay for the deposit etc to move into this new place.

He moves on the 14th and they have said if no one is in by then he has to pay until someone is which I have said is impossible.

The rent for old place is 825 a month and he earns just over a grand and the new place is 650 so as you can see there is no way he can do both. I have been helping with the cost of the rent for the current place until he found somewhere else.

What does he do?

Pixie5740

There's not a lot he can do. Legally he is obligated to pay rent until the end of the fixed term unless the tenancy agreement has a break clause. The landlord can set any terms he likes for an early surrender and leaving the tenant(s) liable for the rent until a new tenant is found is pretty reasonable.

Is the tenancy solely in Your husbands name or is it a joint tenancy in both your names?

pmlindyloo

If you paid one month's rent up front and a deposit you may be able to use these for the next couple of months. (so make sure the place is left spotless so there are no deposit deductions)

With a bit of luck the landlord will find a new tenant soon.

Other options are:

You continue to help out (presumably if this was a jopint tenqancy previously you have at least a moral obligation)
Your ex gets a second job asap.
You negotiate with the landlord to make regular payments for any rent owing

Your ex, should have looked for a house share or a studio flat - his rent still seems high for his salary.

Has he checked whether he might be eligible for any benefits?

Use the calculator on here:

https://www.entitledto.co.uk

saajan_12

Your husband owes the rent for the entire fixed term - that's the point of a fixed term! The LL seems to have been nice by offering to stop the liability if he is able to find someone else to rent - I would confirm this in writing and find out if the LL also wants any remarketing costs / is happy to return the deposit. As its your husband wanting to terminate the contract early, the LL doesn't have to agree / can impose any conditions.

He really shouldn't have agreed to the new place until this one was terminated - can he still get out of the new one? A high rent is better than two rents!

Alternatively you / husband can help look for a new tenant - the LL would have to agree to the person found, but this may speed up the process.

Kittyrules

Yes he should have read it
He got confused and thought it said he needed to give 28 days

How does it go in terms of LL proving he has a new tenant then? can he not just keep saying he doesn't and getting two rents?

I have been told if he can't pay old rent he will be taken to court? is this right? and then they will settle on a fee he can pay back?

Where he lives, due to his job the rent even for a room isn't much cheaper than 650 to be honest.

I know he has made a mistake right now I just need to know what he can do, he can not pay two rents and this old one is charging insane amounts tbh so I think he maybe better off risking leaving and seeing if someone else takes it?

He did pay a deposit yes and a months rent
So we have paid till the 15th although he is saying the new tenancy was signed on the 8th so he would need to give notice on the 8th of next month?

Kittyrules

pmlindyloo wrote: »

If you paid one month's rent up front and a deposit you may be able to use these for the next couple of months. (so make sure the place is left spotless so there are no deposit deductions)

With a bit of luck the landlord will find a new tenant soon.

Other options are:

You continue to help out (presumably if this was a jopint tenqancy previously you have at least a moral obligation)
Your ex gets a second job asap.
You negotiate with the landlord to make regular payments for any rent owing

Your ex, should have looked for a house share or a studio flat - his rent still seems high for his salary.

Has he checked whether he might be eligible for any benefits?

Use the calculator on here:

https://www.entitledto.co.uk

It was joint, it is now solo in his name but I am not going to just leave him to pay stuff

Pixie5740

If he can't afford to pay the rent then his landlord could take him to court for the arrears and if your husband can't pay then the landlord could have a County Court Judgement awarded against him. Legally your husband does owe the rent so if he can't pay it then his best course of action is to propose a payment plan that he can afford to the landlord and hope the landlord accepts it.

As your husband is under 35 he is only entitled to the shared accommodation rate of housing benefit, that's if he is entitled to any housing benefit. If he only earns £1k a month and his rent is £650 pcm then I think he will struggle to afford this new place and that realistically he needs to get out of renting the £650 pcm place and start looking at house shares. Alternatively if the current £875 pcm property has 2 bedrooms he could suggest to the landlord that he stays put and takes in a lodger.

Cakeguts

There isn't any way round this situation. The contract for the fixed term says that the landlord makes the property available for the tenant to live in for that term and the tenant signs to say that they will pay the rent for the fixed term. The landlord cannot evict a tenant during the fixed term and the tenant can't give notice to leave during that time. It is assumed that both tenant and landlord understand what they are agreeing to and if either of them doesn't then they don't sign the tenancy agreement. If the tenant thinks that they might want to leave sooner then they negotiate for a break clause.

The landlord in this case has been exceptionally reasonable about the situation because your husband has broken the contract. The landlord is entitled to be paid the full rent for the whole of the fixed term because this is what your husband agreed to when he signed the contract. Someone is going to have to pay the rent for the house until the landlord has found a new tenant. Failure to do this could mean that the landlord will go to court to get the money and your husband could get a CCJ which will make getting any form of credit impossible.

You are extremely lucky that the landlord is being reasonable don't try to push the landlord to accept less than he is entitled to just because it doesn't suit you.

Kittyrules

Pixie5740 wrote: »

If he can't afford to pay the rent then his landlord could take him to court for the arrears and if your husband can't pay then the landlord could have a County Court Judgement awarded against him. Legally your husband does owe the rent so if he can't pay it then his best course of action is to propose a payment plan that he can afford to the landlord and hope the landlord accepts it.

As your husband is under 35 he is only entitled to the shared accommodation rate of housing benefit, that's if he is entitled to any housing benefit. If he only earns £1k a month and his rent is £650 pcm then I think he will struggle to afford this new place and that realistically he needs to get out of renting the £650 pcm place and start looking at house shares. Alternatively if the current £875 pcm property has 2 bedrooms he could suggest to the landlord that he stays put and takes in a lodger.

All his bills are included in the new place so he will be better

Kittyrules

Cakeguts wrote: »

There isn't any way round this situation. The contract for the fixed term says that the landlord makes the property available for the tenant to live in for that term and the tenant signs to say that they will pay the rent for the fixed term. The landlord cannot evict a tenant during the fixed term and the tenant can't give notice to leave during that time. It is assumed that both tenant and landlord understand what they are agreeing to and if either of them doesn't then they don't sign the tenancy agreement. If the tenant thinks that they might want to leave sooner then they negotiate for a break clause.

The landlord in this case has been exceptionally reasonable about the situation because your husband has broken the contract. The landlord is entitled to be paid the full rent for the whole of the fixed term because this is what your husband agreed to when he signed the contract. Someone is going to have to pay the rent for the house until the landlord has found a new tenant. Failure to do this could mean that the landlord will go to court to get the money and your husband could get a CCJ which will make getting any form of credit impossible.

You are extremely lucky that the landlord is being reasonable don't try to push the landlord to accept less than he is entitled to just because it doesn't suit you.

I get this and I don't want to push him I am just stating he does not have the money to pay it

Cakeguts

Kittyrules wrote: »

I get this and I don't want to push him I am just stating he does not have the money to pay it

In that case he can expect to be taken to court for rent arrears.