Just moved into a rented apartment and want to leave. Have I any options to get out?

lupogti

Hi,

This thread is aimed at both landlords, tennants and wise people in the know.

I have just moved into a luxury apartment. Paid one months rent in advance, paid a deposit etc. I have been in there 15 days and I don't like it.

I initially chose this property because it is a very prestige development etc and liked the thought of going home there every night.

However I'm starting to realise that i'm not there that much and the premium rent i'm paying a month just isnt justfied. I really don't want to be here anymore.

I know this is a landlords nightmare and that i'm tied into a contract. But is there anyway to get out of this apartment?

What are my options? has anyone ever done the same tennants? Have any landlords had tennants say they want out after a month etc?

Thanks in advance.

Kez100

When my husband and I bought a place together he found a mate who wanted to take on the remaining part of the contract and the landlady was happy with that. We paid some expenses for her (I think it was to do with references or something). None of this, I believe, she had to do but we negotiated it between us.

Sammy85_2

Hi,

I had a similar situation about 6 months ago with a tenant. He found another house closer to his daugher approx 3 months into a 6 month tenancy. First of all he tried to get out of it by saying the house was haunted, after much discussion over this and threats of legal action should we lose rent due to his actions (he was "going to go to the papers over it") we came to an agreement that we would readvertise and if another tenant was found we would let him out of the contract from the date the new tenants started paying.

In the end we couldnt get another tenant in before the 6 months, so he ended up paying for it all. We made arrangements that his last months rent would be paid from his deposit, as he was struggling financially due to now paying 2 lots of rent. This was subject to inspection and handing over of keys at end of month 5, to prevent us losing money by any damage he may have caused to the property, as there would be no deposit to cover this anymore.


My advice:

1. Go straight to your LL/LA and explain the situation, be honest with them, dont make up any lies (as mine did) or it will just make them angry and then why should they let you out of the contract? Afterall, if the LL is going through a LA, then they will have to pay new set up fees for next tenant, an added expense because of your leaving.

2. Prepare yourself for the worst, hopefully your LL will be reasonable and make efforts to find new tenants but dont rely on this.

3. If costs are an issue to the LL (new set up costs probably) then suggest that you will pay these (or part of if it's seriously expensive) if they let you leave, its may work, and if not it shows willing on your part to come to some sort of a compromise.



Good luck with this, hope it goes ok.

mlz1413

As a LL i let one set of tenants go after 5 mnts (of 6 mnt contract) as he lost his job and she was on long term sick, they told me as they paid rent so I had enough notice to re-advertise and they let me take people round. This was, as kez100 says, a mutual agreement between us.

As you have signed a 6 mnt contract you are liable for the rent until the contract is up and need to give notice at the required date (normally one month) to leave at end of that contract. If you want out early I would suggest you ask agent/LL if they would let you - be prepared to pay some costs.

And think before you sign your next contract!

Debt_Free_Chick

Strictly speaking, you are obliged to pay the rent for the duration of the tenancy agreement.

However - there is nothing in law to stop you and the LL mutually agreeing to cancel the contract, on whatever terms you both agree.

So, the LL might say "I'll advertise it again and you can move out as soon as a new tenant is available to move in".

It all depends on what the LL is prepared to agree to, but you could put this suggestion to her i.e. that you will move out when they have a new tenant able to move in. It would seem reasonable that you pay the LL's costs i.e. cost to advertise and cost to get a new tenant (credit check/reference, tenant's share of preparing new agreement). Even these costs are likely to be less than one month's rent, so if you are that desperate to move out, then it's probably worth it.

Do you have somewhere else to move to? If not, then you'll have a little chain that will need to be carefully balanced. You may find some overlap whereby you'll need to pay rent on your new place and rent on the existing place, unless you can time everything to perfection.

HTH

real1314

I'd say that the OP is in a slightly (but not greatly) stronger position.

You can give immedaite notice, but you remain liable for the rent, however once you have given notice, the LL has a duty to mitigate their (/your) losses by attempting to re-let the property. To enact this, you would have to move out and make the property fully available for re-letting, and the LL can expect you to pay the cost of re-advertising (a 4 line ad costs over £50 a week in my local paper).

Best get talking to the LL.

franklee

How long are you signed up for? If it's just six months that isn't long and you may as well just stick it out. The costs of getting out early could easily be more than the added premium you're now paying. If it's a year contract then look to see if there is a break clause, typically can be used at six months. If the landlord had a break clause and you don't then I'd claim that right anyway as terms should be both ways for a break.

Otherwise it's a case of finding a replacement tenant. You can do this yourself, but the tenant would have to pass the usual referencing. Or the landlord can find a replacement. The landlord should mitigate his loss as already said but you will have to pay the reletting fees. Be sure to ask exactly how that will be worked out and how much that will be if it's a fixed percentage of the rent for the whole contract it can be expensive.

Roughly what area are you in there may be some tenants here looking for such a flat.

Don't forget to check your deposit has been protected, it should have been within 14 days of your paying it. If not then you can claim compensation of 3 x deposit. So that's something to help the cash flow or to negotiate with.