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Ending Tenancy Early

horse99
Posts: 22 Forumite

Completed on my flat purchase last week.
My tenancy runs to mid Jan on other rented flat.
I'm considering offering the landlord the rent in advance in full as it's not just a waste of my time and energy.
Should I just ask for a formal letter confirming the transaction? Would that be enough to release me from all legal liabilities?
Thanks
My tenancy runs to mid Jan on other rented flat.
I'm considering offering the landlord the rent in advance in full as it's not just a waste of my time and energy.
Should I just ask for a formal letter confirming the transaction? Would that be enough to release me from all legal liabilities?
Thanks
0
Comments
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It should be done as a deed, so would need witnesses, but in essence yes0
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If you are paying till the end of the tenancy then I would keep the old dwelling just in case the new home has something wrong with it or you cannot move in there and then
Where in the UK are you?
If the tenancy is in Scotland it will be 28 days notice (new agreements after Dec 2017) or 2 months - previous agreementsbaldly going on...0 -
Assuming England, you have several choices:
1) pay the rent in advance till Jan but keep the tenancy in your name.
Pros - you can move back in if you need /want to
The rent is paid and you don't need to budget or worry about it monthly
Cons- your tenancy agreement probably requires you to inform the landlord if the property is 'unoccupied' for more than 30 (45? 60?) days);
You'll still be liable for utilities and council tax (and damage)
2) request an Early Surrender. Negotiate an amount (probably less than rent till Jan) to pay the LL. This should be executed by a Deed and witnessed.
Pros - all your liabilities end on the date agreed in the deed;
You'll get your deposit back on (soon after) the date agreed;
Probably cheaper than 1) above
Cons - needs the LL's consent
Here is a simple example, though I would prefer to see a clause specifying any cost /compensation agreed, as well as what happens to the deposit:
https://markprichard.co.uk/documents/deed-of-surrender-of-tenancy
3) Check if your tenancy agreement has a 'Break Clause' If yes, quote the exact wording here.0 -
Completed on my flat purchase last week.
My tenancy runs to mid Jan on other rented flat.
How long a fixed term was it granted for originally (or are you in a statutory periodic period ?)I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
2) request an Early Surrender. Negotiate an amount (probably less than rent till Jan) to pay the LL. This should be executed by a Deed and witnessed.
I have done it 2 times when moving between rented properties. You let the LL/LA know that you are leaving earlier and understand that you are still liable for all costs until the end of the term. And politely ask if they would be so kind to re-market the property and release you from further liabilities from the start of the new tenancy, minus any costs associated with the finding of new tenants.
Unless the LL is a complete tool, this should be perfectly acceptable solution.0 -
Congrats on your house completion! We completed last week Friday also, moving from rented.
Our tenancy agreement ran until December 2019, initially proposed to pay all the terms rent in advance. LL agreed to re-list the property two weeks ago, new tenant has been found and move in at the end of August.
We will pay the re listing fees and searches etc which I prefer vs. paying rent until December and mortgage.0 -
We had to rent when we sold our last property as our new house wasn’t finished. Took on a 6 month tenancy but house was ready after 3 months, so asked the landlord if he would let us leave early if new tenants were found. We paid the re-listing fees (around £300 if I remember correctly) and they found new tenants fairly quickly, saving us 2 months rent. Got to be worth a try!0
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