Best way to end tenancy - tricky situation

thrwy

I am a tenant with a private landlord (a standard assured shorthold tenancy, in England). I am still in the fixed term of the tenancy but there is a break clause in our contract that lets us leave at any time with 2 months written notice. Due to problems with disrepair and other issues, we are keen to move out as quickly as possible, quicker than 2 months ideally, if we can find a new place soon enough.

I realise there is a reason for having a notice period, the landlord deserves to have some time to find replacement tenants, but we have been treated pretty badly by the landlord so I don't feel too sorry for him, and I'm sure in the area we live it won't take him 2 months to replace us anyway. Some of the problems with the flat also need major repair work and it might be easier for him to get it done with us moved out.

The tricky part is this: we have discovered that our tenancy deposit has not been correctly protected, the amount registered is not the full amount. I called Shelter to ask for advice about this (they deal with general housing advice, not just homeless) and they told me that because it isn't properly protected, we could potentially sue the landlord for 1 to 3 times the deposit amount, but that in this case, as it's only a minor error it might be difficult in court. Shelter told me it would be better to just use this as a "bargaining tool" with the landlord.

Ideally we would like to inform the landlord that we want to leave, and get him to agree to let us leave on a date that suits us (i.e. whenever we can find a new place). I think given this deposit issue, we are in a strong negotiating position. Does anyone have experience of ending a tenancy in this way?

• Is it best to give the 2 months notice under the break clause anyway, and then after that ask the landlord to confirm he'll let us leave sooner if we find somewhere?
• Or perhaps is it better to say that we don't want to use the break clause, but just ask him separately to confirm he'll let us surrender the tenancy at any time that suits us in perhaps the next 2 months?
• Is it best to leave out any mention of the deposit issue for now (other than perhaps mentioning that it's wrong and asking the protection to be corrected)?

Pixie5740

Talk to your landlord and explain that due to certain repair issues in the property you'd like to leave as soon as possible. If your landlord is amenable to an early surrender get it in writing. If not then you could use your bargaining chip.

G_M

As pixie says. Reserve the deposit issue as backup.

Do you actually have a preferrd move-out date? ie have you found a new place? If not, how can you neogtiate at all?

Apart from the repairimg issues, how is ypur relationship? Do you frequently speak? Email? Whatever. Or is all communication via formal letters?

Obviously any negotiation is best done face-to-face (or by phone as 2nd-best option). Ideally an initial discussion to explain you want to leave (spin it as (elpful to him - he'll be able to easily renovate) and see how he reacts.

If he's seponsive, then negotiate a date to suit and get it confirmed in writing.

If he's unresponsive then
a) a formal letter initiating the Break Clause and
b) a further discussion, gently pointing out the failure to protect the full deppsit an how you'd "hate for that to become an issue....... perhaps we can review the tenancy end date in light of that?"

thrwy

Thanks for the replies. Unfortunately the landlord is a bit difficult to deal with and almost all communication is by formal emails. Perhaps just a polite email should be the first move?

If he wants a definite date we could say 1 month, but then that sort of gives us the opposite problem. We'd then be under pressure to make sure we can find somewhere in that timeframe.

We haven't found a new place yet because if it turns out we can't move for 2 months then we'd just be wasting everyone's time by viewing properties available now. We don't want to start finding another place until we're sure we can leave this one soon enough.

G_M

You can't have have your cake and eat it! Either

* you want to leave, have a preferred date, and negotiate
* you want to leave, activate the Break Clause and give the 2 month date
* you don't yet want to commit to leaving (as you have nowhere to go) so you cannot give notice

!

FBaby

Indeed, what you seem to want is to have complete control over when you move and only give notice in line with when you can start a new tenancy. That's not the way it works and I expect would only frustrate the LL.

You say that the amount protected is wrong, by how much? £1 or £100? Have you confirmed with the agency it is protected with that it is wrong, or is it what is on the contract?

Did you rent through a rental agency or direct with the LL?

Re. the disrepair, are you talking about things breaking down, ie. boiler suddenly not working, or things that were there before and you knew about, ie. older windows letting in some air kind of thing?

In terms of threatening to sue, remember that if it is the agency that made the error, even though it is the LL's responsibility to ensure it is protected properly, if they failed in the service provided to the LL, they might very well be able to take them to court for any amount they were made to pay by the court.

Speak with them first, they might be as happy for you to go as you are.

theartfullodger

What please is the EXACT wording of break clause (for both tenant and landlord) - no names or address please?

Break clauses are notoriously difficult to get right & frequently landlord thinks they mean one thing, tenant another, judge in court sumfink else...