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Help needed leaving tenancy agreement

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Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Obvious question: is there a Break Clause?


    So how big is the property? How come HMO? Is it a licenced HMO?


    But I'm afraid it's up to the LL how he chooses to let the property and to whom. Your contract means he's under no legal obligation to agree to your request to surrender the tenancy, so can set his own conditions for his agreement.
  • GDB2222
    GDB2222 Posts: 26,842 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Bangirl wrote: »
    I haven't - but I can do, thanks for the suggestion. I'd be quite worried though as they have said that they are not looking to decrease the rent going forwards anyway - so anyone who moved in would still have to pay the full amount post March...

    I've just had an email saying someone wants to view tomorrow (from an advert I put out who I told to contact the agent) so FINGERS CROSSED. :)

    I was thinking that you might need to offer to make up the shortfall for a year, I'm afraid.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • Bangirl
    Bangirl Posts: 14 Forumite
    G_M wrote: »
    Obvious question: is there a Break Clause?


    So how big is the property? How come HMO? Is it a licenced HMO?


    But I'm afraid it's up to the LL how he chooses to let the property and to whom. Your contract means he's under no legal obligation to agree to your request to surrender the tenancy, so can set his own conditions for his agreement.

    Sadly, we didn't get a break clause... didn't think about it as had no intention of leaving...

    The house is a 3 bed (2 double and 1 single - although advertised as a 3 dbl bed)... they used to have an HMO license but have not renewed it since myself and my husband have lived here and have no intention of doing so.

    I do understand that they have every right to decide on how they rent it going forwards - I just feel quite unfair... but hey ho... it's totally up to them.

    Thank you
  • Bangirl
    Bangirl Posts: 14 Forumite
    GDB2222 wrote: »
    I was thinking that you might need to offer to make up the shortfall for a year, I'm afraid.

    We just wouldn't be able to afford that sadly... oh well!
  • sal_III
    sal_III Posts: 1,953 Forumite
    Fifth Anniversary 1,000 Posts
    need_an_answer wrote: »
    So presumably paying the exit fees are cheaper than continuing with the rental.
    The way I read it, the £500 fee is for the early re-listing/re-letting of the property. OP is still liable for all rent and bills until the end of the fixed term, as per the contract.

    @OP it doesn't matter what what you deem fair amount. The contract you signed states that you will be liable for £500. It's not unreasonable.

    If you must leave before March 2020, but can't/don't want to pay the remaining rent and finding new tenants takes a while, one option might be to offer the LL 1-2 months of rent instead of the remaining 4-5 months due in exchange for early surrender. This way he takes on the risk of having no rent for 2-3 months vs getting double rent for 1-2 months.
  • Bangirl
    Bangirl Posts: 14 Forumite
    sal_III wrote: »
    The way I read it, the £500 fee is for the early re-listing/re-letting of the property. OP is still liable for all rent and bills until the end of the fixed term, as per the contract.

    @OP it doesn't matter what what you deem fair amount. The contract you signed states that you will be liable for £500. It's not unreasonable.

    If you must leave before March 2020, but can't/don't want to pay the remaining rent and finding new tenants takes a while, one option might be to offer the LL 1-2 months of rent instead of the remaining 4-5 months due in exchange for early surrender. This way he takes on the risk of having no rent for 2-3 months vs getting double rent for 1-2 months.

    Thank you so much for this! Fair enough about the fee... I will look into your suggestions.
  • Marvel1
    Marvel1 Posts: 7,498 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Remember, worst case scenario if you are still living there until March 2020. You can move out, hand over the keys on the last day of your tenancy (do not do this the day after), without saying a word before or giving notice - which is your right also ;)
  • Bangirl
    Bangirl Posts: 14 Forumite
    Marvel1 wrote: »
    Remember, worst case scenario if you are still living there until March 2020. You can move out, hand over the keys on the last day of your tenancy (do not do this the day after), without saying a word before or giving notice - which is your right also ;)

    Thank you!
  • Bangirl
    Bangirl Posts: 14 Forumite
    Thank you everyone for your help! I'll look into suggestions and see what I can do... if not... will stay put I guess!
  • theartfullodger
    theartfullodger Posts: 15,933 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You can leave any time you like ! But probably remain liable for rent. Negotiation!
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