Ending tenancy early due to terminal illness

steve0123

Hi, i was recently diagnosed with motor neurone disease which is terminal so my partner has had to quit her job to become my full-time carer.
We cannot afford now to live in our private rented home so have to move out.Our tenancy agreement is not ending until jan2018.Although we have explained everything to the estate agent they say that we are legally bound to pay the rent and bills until someone else is found. where do we stand with this?
Regards,Steve

Edi81

Sorry to hear about your diagnosis.

The agent is correct. You are liable for the rent until a new tenant is found. Hopefully this shouldn't take too long and the crossover between you moving out and a new person moving in will be short.

I broke a fixed term tenancy and had to pay for 3 days rent. Try and make things straightforward by allowing viewings etc.

martindow

Sorry to hear of your situation.

Is there any possibility of help paying rent when your partner becomes a full time carer? There is a benefits board on this site that could be worth posting on or asking Shelter maybe.

If staying on is financially impossible, I would contact the landlord directly to explain what you are going through. They are likely to be more sympathetic than letting agents (who can be sub-human sometimes).

shortcrust

martindow wrote: »

Sorry to hear of your situation.

Is there any possibility of help paying rent when your partner becomes a full time carer? There is a benefits board on this site that could be worth posting on or asking Shelter maybe.

If staying on is financially impossible, I would contact the landlord directly to explain what you are going through. They are likely to be more sympathetic than letting agents (who can be sub-human sometimes).

Sorry but I think this is nonsense. It's very easy to suggest that unnamed landlords should be out of pocket to demonstrate their compassion but I suspect no one contributing to this thread will be offering to cover the OP's rent. This is business for the agent and the landlord and there's nothing 'sub-human' about expecting people to meet their obligations. For all we know the landlord simply can't afford to be without the rent. Financial commitments don't get nullified when terrible things happen. That's why people take out income protection.

Huge sympathy for the OP but it's important to be clear about the reality of the situation.

Bossypants

shortcrust wrote: »

Sorry but I think this is nonsense. It's very easy to suggest that unnamed landlords should be out of pocket to demonstrate their compassion but I suspect no one contributing to this thread will be offering to cover the OP's rent. This is business for the agent and the landlord and there's nothing 'sub-human' about expecting people to meet their obligations. For all we know the landlord simply can't afford to be without the rent. Financial commitments don't get nullified when terrible things happen. That's why people take out income protection.

Huge sympathy for the OP but it's important to be clear about the reality of the situation.

Eh, the landlord isn't legally obligated to do anything, of course, but if one of my tenants were in this situation I would want to know about it and work with them to find a solution.

Yes it is a business for me and I'm generally not one for bleeding-heart stories, but not everything is about money, not even in business.

G_M

As bossypants says above.

Landlords like the general population come in all guises. Some are human, some are stony-hearted.

I too would respond sympathetically to a tenant in this position, so it's always worth asking.

But shortcrust is right too. Legally the LL is under no obligation to aacept an Early Surrender of the tenancy, and some LLs will take this view.

Pixie5740

Indeed the OP is liable for rent and council tax up until the end of the fixed term. However, even just looking at things from a purely business prospective it would make more sense financially for the landlord to agree an early surrender in order to get a new paying tenant in sooner rather than keeping the OP to the contract and then chasing him through court for a possession order when he is unable to pay the rent.

GwylimT

You are legally required to meet the costs you agreed to.

Have you looked at claiming housing benefit?

Some life insurance policies will also pay out if the person has been given a prognosis of x time to live. I know my grandads paid out when he was given a year to live by his consultant, this took away money worries and enabled him to afford some fun things while he was still able.

silvercar

Speak to the mnda, they have advisors that can help you through the benefit minefield. It may be thatyou / your partner are entitled to attendance allowance, carers allowance ....

bitsandpieces

Sorry to hear about your diagnosis. Definitely worth making sure you're getting all the benefits you're entitled to (the MND association runs an advice service https://www.mndassociation.org/about-mnd/what-help-is-available/benefits-and-financial-support/). It is also worth checking out any life insurance policies or pensions you may have, as some may pay out early in these circumstances (though do take trustworthy advice before taking any money from your pension - MND Association would be a good place to start, again).

If you do have to leave your tenancy, hopefully you'll be able to negotiate an early exit with the landlord if you explain your situation. Aside from them hopefully sympathising, it's in their interest to have a tenant who can afford the rent.

Pixie5740 wrote: »

Indeed the OP is liable for rent and council tax up until the end of the fixed term. However, even just looking at things from a purely business prospective it would make more sense financially for the landlord to agree an early surrender in order to get a new paying tenant in sooner rather than keeping the OP to the contract and then chasing him through court for a possession order when he is unable to pay the rent.

Additionally, if the OP and partner's income remain low (or substantially made up by benefits) the LL may struggle to get any money owed repaid in a reasonable timescale, even if they are awarded this by the court.

BorisThomson

If you are eligible for housing benefit but the LHA rate is lower than what you pay, you may be eligible for the thirteen week protection period. This means thar, assuming you have not claimed benefits in the past 52 weeks, you'll be assessed on your full rent not the reduced amount.

If you let us know what income and savings you have we can make sure you receive everything you're entitled to.