leaving a fixed term tenancy before the contract ends

glngrnr

need some advice. we have finally been given a housing association house by the council after years off being on the list, we have to take the house as it is fit for our needs, or we will be off the list and never have another chance, obviously we have chosen to take the house.

our issue is we are leaving 8 months before the end of our fixed term agreement with the estate agents. the contract says we have to pay £350 pound to break the contract agreement but then we also have to pay all utilities, outgoings and rent until the house is rented to another person.

my first question, is that right surely paying 350 pounds means we are exiting the contract, how come we are then bound by the contract we are paying to break?

second question they have relisted the property and its now on rightmove finally, but they have increased the monthly rent for any newcomers. is this fair as now this could stop the property going as quick as possible, costing me more months rent as it lays empty

thirdly do they have the right to use our deposit against us while the property is not rented out, as this has been suggested

hope someone has some sound advice

Glen

SpiderLegs

First question - What exactly does the contract say about the break clause?
Second question - yes they can ask for whatever rent they want.
Third question - use the deposit against you in what way?

G_M

* which country?
* exact start/end dates of fixed term?
* exact wording of Break Clause?

my first question, is that right surely paying 350 pounds means we are exiting the contract, how come we are then bound by the contract we are paying to break?

depends on wording, but the £350 is not necessarily to end the contract immediately - more likely allows it to end later eg when new tenant found.

second question they have relisted the property and its now on rightmove finally, but they have increased the monthly rent for any newcomers. is this fair as now this could stop the property going as quick as possible, costing me more months rent as it lays empty

The landlord can ask a new tenant for whatever rent they want. You signed a fixed term - it's not the LL who wants it to end early. However, depends on the exact wording of the BC.

thirdly do they have the right to use our deposit against us while the property is not rented out, as this has been suggested

No idea what you mean.
The LL can use the deposit topay off, or towards, any debts when your tenancy ends (whenever that is), be that damage, missing items, rent etc



See also

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

glngrnr

The break clause is in a special conditions page and says
..
Should the tenant wish to terminate the tenancy before the end of term and providing written agreement is given by the landlord to such an early termination the tenant shall pay the agent £350 (inclusive if vat). In such circumstances, the tenant shall be responsible for all tent and the cost of any utilities and outgoings in respect of the property until the day before any new tenancy commences or until the final date of the tenancy

And I mean even if we have left the house and returned the keys can they hold onto our deposit to use as rent for the next month's

Thanks on advance I realise there is not much hope

glngrnr

@ G_M
England
20th Nov 18 to 20th Nov 19
Wording is in above post.

One thing she didn't mention and then quickly went past is that we are on an old contract? It's been the same for 3 years?

G

HampshireH

That seems a pretty clear & common condition.

You normally get your deposit back at the end of the tenancy. If your tenancy doesnt end for another 6 months because you chose to leave early & break the tenancy then that seems reasonable. Of course you would also retain full access & want to be kept fully notified of any access required for viewings so your in a position to maintain the condition of the property. Dont want to be charged for damage caused once you move out if you are still paying rent etc

matty_hunt

Im no expert but when you say its the same contract for three years, did you sign anything to say you agreed to a 12 month term from 20/11/18 to 20/11/19? If you did then its a new 12 month contract. If you only signed once, three years ago, then surely you are now, after the original 12 month contract, on a periodic monthly rolling contract in which case you usually only need give 4,6 or 8 weeks notice to leave, but this will be mentioned in your original contract. Most likely if its with an agent than is was a new contract signed 20/11/18 so you are bound by its terms. The wording may be the same as the 'old' original contract though.

G_M

glngrnr wrote: »

The break clause is in a special conditions page and says
..
Should the tenant wish to terminate the tenancy before the end of term and providing written agreement is given by the landlord to such an early termination the tenant shall pay the agent £350 (inclusive if vat). In such circumstances, the tenant shall be responsible for all tent and the cost of any utilities and outgoings in respect of the property until the day before any new tenancy commences or until the final date of the tenancy

And I mean even if we have left the house and returned the keys can they hold onto our deposit to use as rent for the next month's

Thanks on advance I realise there is not much hope

No hope at all.

The LL can even choose to ignore the break clause completely and hold you to the original fixed term: "providing written agreement is given by the landlord to such an early termination".


The £350 does not end the tenancy. The tenancy ends when a replacement tenancy starts: " the tenant shall be responsible for all tent and the cost of any utilities and outgoings in respect of the property until the day before any new tenancy commences" ('tent'???:rotfl:).





They hold the deposit till the tenancy ends, not till you " have left the house and returned the keys". After all, you could do those two things at a whim at any time. It's the tenancy end date that determines when a deposit is released.

glngrnr

Pretty much what I figured. Thanks anyway guys. Guess i just need to hope that they don't just sit on there behind and do.nothing and actually get new tenants in. Instead of waiting for the next month's and taking my money. Not that I have any lol. I can see a payment plan on the horizon

Leothecat

matty_hunt wrote: »

Im no expert but when you say its the same contract for three years, did you sign anything to say you agreed to a 12 month term from 20/11/18 to 20/11/19? If you did then its a new 12 month contract. If you only signed once, three years ago, then surely you are now, after the original 12 month contract, on a periodic monthly rolling contract in which case you usually only need give 4,6 or 8 weeks notice to leave, but this will be mentioned in your original contract. Most likely if its with an agent than is was a new contract signed 20/11/18 so you are bound by its terms. The wording may be the same as the 'old' original contract though.

You really need to answer this query, could make a difference.

glngrnr

@leothecat

It's the same.contract but renewed every year. It was just the way the estate agent had said it that sounded like maybe there had been some law changes but we were still in the old style contract.

On a second note although we go through a letting agent is there anything to stop me contacting the landlord directly and offering them a lump sum to leave the contract immediately