Early tenancy termination - Help

bobmeitei

Hi,
First time post here, hope to get your expert opinions.

I am in the process of terminating my tenancy contract early. I have been in the property for more than 2 years but recently renewed the rental agreement 2 months ago. I have already given 2 months notice. According to the tenancy agreement, if the property is let within this period then I don't have to pay the rents for months 5 and 6. Otherwise I am liable for the first 6 months of the contract, which I am OK with.

The issue is the landlord has put the property on the market higher than what I am currently paying and also more than similar properties in the area.

My question is, if there is no new tenancy taking the property, which is very likely due to the higher rent, can I argue that it was not let because of the higher rent they advertised the property for. And hence not pay rent for months 5 and 6. Basically, landlord is being a bit greedy, I guess

Pixie5740

bobmeitei wrote: »

Hi,
First time post here, hope to get your expert opinions.

I am in the process of terminating my tenancy contract early. I have been in the property for more than 2 years but recently renewed the rental agreement 2 months ago. I have already given 2 months notice. According to the tenancy agreement, if the property is let within this period then I don't have to pay the rents for months 5 and 6. Otherwise I am liable for the first 6 months of the contract, which I am OK with.

The issue is the landlord has put the property on the market higher than what I am currently paying and also more than similar properties in the area.

My question is, if there is no new tenancy taking the property, which is very likely due to the higher rent, can I argue that it was not let because of the higher rent they advertised the property for. And hence not pay rent for months 5 and 6. Basically, landlord is being a bit greedy, I guess

Have you invoked a break clause in the tenancy agreement or are you negotiating an early surrender of the tenancy? It would help if you quote the exact wording of the clause(s) to which you refer.

bobmeitei

Thanks Pixie5740. :beer:
The agreement states that you can terminate the tenancy by giving 2 months notice at the end of the 4th month (tenancy end at 6 months) or if the property is let, whichever is earlier. If not let earler than I have to pay rent untill the end of the 6 months. In my case, my concern is that the property maynot be let earlier as the property is advertised at higher than market rate for the area and higher than what I am currently paying! Just wondering if I can argue this in my favour in case property is not let. Better properties in the area are advertised for less!

ThePants999

This isn't really relevant, but amused me: strictly speaking, this contract makes no sense. They can't let it to someone else until after your tenancy has ended, so they can't terminate your tenancy by letting it to someone else

Actually on topic - you won't have a case here. The contract doesn't require them to do anything at all to actively try to re-let the property, so even if you managed to argue that it was their fault that it wasn't re-let - which is debatable - there's still no breach. Sorry.

G_M

Pixie5740 wrote: »

Have you invoked a break clause in the tenancy agreement or are you negotiating an early surrender of the tenancy? It would help if you quote the exact wording of the clause(s) to which you refer.

Please confirm
* the exact start date of the latest contract you signed
* the end date, or term (eg "6 months")
* the exact wording (not your interpretation!) in the contract, of the Break Clause - assuming it IS a Break Clause.


However on the basis of your so-far inadequate explanation, it seems:

you can terminate the tenancy by giving 2 months notice at the end of the 4th month (tenancy end at 6 months) or if the property is let, whichever is earlier.

....recently renewed the rental agreement 2 months ago. I have already given 2 months notice.



According to the tenancy agreement, if the property is let within this period then I don't have to pay the rents for months 5 and 6.

1) you can only give notice at the end of the 4th month. You have been there 2 months. Your notice is not valid.
2) the property cannot be let before your tenancy ends. It is a legal nonsense for there to be 2 simultaneous tenancies - so your tenancy must be ended before a new one can be created.
3) but assuming the exact wording is more precise, or the intention is that the LL would agree to an Early Surrender of your tenancy if/when he had a new prospective tenant identified, then it is entirely up to the LL when and how to identify that prospective tenant, and on what terms (rent etc).


I suspect you will have to wait, though of course if the LL agrees, you can end the tenancy at any time, whatever the contract says.