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Ending a tenancy agreement early

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Comments

  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I have no idea on the actual legal. Im interested to know if physical issues are treated different from mental in a legal sense? What happens if you signed a letting agreement for 6 months then 1 month after get hit by a car and end up needing round the clock care in a special unit so have to leave your property and never come back. Does the landlord legally have the right to charge the tennent for the full 6 months?

    Note: Just want to know if anyone knows the legal standings in a situation like that? Answers like... sick pay would cover it is no good :) thx

    Physical illness makes no difference, an accident makes no difference. From a legal stand point the landlord does not have to release you from your tenancy early and can charge right up until the day the tenancy expires if they choose to. If nobody clears out your belongings from your rented home and hand back the keys at the end of the fixed period then it automatically becomes a periodic tenancy so rent is still due after the minimum term.
  • Ok handy to know thx people.

    FWIW OP i stayed somewhere for 6 months before when signing a tenancy and ended up living with the alcoholic landlord right above who liked to have partys and do his garden right outside my lower flat windows + try to charge me for all the water for both flats. The estate agent covered up the above flat was the landlord on the viewing. It was a bit of a grind but the worse bit was just the start, it takes time to adjust to bad situation. The months notice went in after 5 months though.
  • Smodlet
    Smodlet Posts: 6,976 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The laws in this country regarding property in general and private renting in particular are idiotic. How can someone be expected to pay rent if they are dead?
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Ok handy to know thx people.

    FWIW OP i stayed somewhere for 6 months before when signing a tenancy and ended up living with the alcoholic landlord right above who liked to have partys and do his garden right outside my lower flat windows + try to charge me for all the water for both flats. The estate agent covered up the above flat was the landlord on the viewing. It was a bit of a grind but the worse bit was just the start, it takes time to adjust to bad situation. The months notice went in after 5 months though.

    That was generous. I'd have just have handed the keys back on the final day of the fixed term.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Smodlet wrote: »
    The laws in this country regarding property in general and private renting in particular are idiotic. How can someone be expected to pay rent if they are dead?

    The deceased's estate would owe the rent until the tenancy was legally ended. It's the same as debt, like a personal loan, not dying when the borrower dies. The flip side is that the landlord can't enter the property, dump the deceased's belongings, and re-let the property just because the tenant has died.
  • Thank you, I have been told by the letting agent I can give them two months notice in August so that already makes me feel a bit better. I'm trying to be positive and seeing the fact I can't leave early as the opportunity to have a thorough look for somewhere else rather than jumping in to the same situation I am in now as I'm so desperate to leave.

    As a friend has just pointed out I'm already in week two so time does go fairly quickly!
  • need_an_answer
    need_an_answer Posts: 2,812 Forumite
    Ninth Anniversary 1,000 Posts
    edited 3 April 2018 at 3:08PM
    What sort of noise issues are you experiencing?

    You say its general noise so maybe flat/apartment living is not for you in the long run.

    Noise is a subjective thing and over time you can go one of two ways either focus on it and it probably will start to drive you mad or you can try and make the best of it and sometimes it then doesn't seem quite as loud or intrusive,you get used to it.

    What can you do to minimise the noise?
    Make your own,it sounds strange but even having your own tv , music on even not loud can help diffuse it.
    Maybe run your washing machine at time when you know the noise could bother you. Making your own noise does help.

    Realistically if you sit in silence you are likely to hear every bit of noise from adjoining properties on all sides.

    You could try noise cancelling headphones they may help.

    The fact will however remain whilst you live there that you do live in close proximity to other people and even when everyone is quiet there is still usually some noise in an apartment block just by the sheer nature that in a block of 10 apartments you are likely to have a mix of people who all do things at different times.

    You could try mentioning the noise if its particularly excessive or at odd times of the day but as you have said it may be just the persons life age that is different to yours.
    I suppose the key is maybe to try and get the above person to see it from your point of view and it could be something as simple as perhaps suggesting that they remove high heels when in the flat,or at least demonstrating to them how the noise travels.
    Non confrontational talking always helps if you do feel able to address the situation

    Best of luck going forward and I hope you find somewhere you are happy with although it may not be with such close neighbours next time.
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  • If nothing else I have taken from this experience it is that I am not suited to living in a converted building. My previous property was in a block and the noise didn't seem so bad, this new flat is a converted property with one other on the top floor and as I have now discovered little to no insulation. It feels more like I have a 22 year old flat mate, which given I am in my 40's would never be an ideal situation.

    The letting agent just said it was a single woman living alone above and they'd never had any trouble from her, when I asked about who lived upstairs. When I did bring that up, when questioning them about ending my lease they said that it wasn't up to them to vet my neighbor for me.....helpful!!

    Roll on the summer when I can spend time sitting in the park to kill the hours.
  • need_an_answer
    need_an_answer Posts: 2,812 Forumite
    Ninth Anniversary 1,000 Posts

    The letting agent just said it was a single woman living alone above and they'd never had any trouble from her, when I asked about who lived upstairs. When I did bring that up, when questioning them about ending my lease they said that it wasn't up to them to vet my neighbor for me.....helpful!!
    .

    But realistically what do you expect the LA to do?

    They work on behalf of the owner of the property to generate tenants.
    If they have had no reports of issues about the tenant above there is little more they can say and on the face of it you are two lone females living in adjoining properties.


    The agent has given you access to the standard terms of being released from a contract early and for your reasons you have declined therefore yes you can move out at the end of the agreed tenancy.
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  • Pixie5740 wrote: »
    That was generous. I'd have just have handed the keys back on the final day of the fixed term.

    Its a while ago now but i wasn't sure i could do that at the time, always thought you had to give notice.
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