Private renting - no break clause

MARKMAKAVELI

Hey guys,
Background
We're 6 months into our 12 month agreement. Long story short, girlfriend is self-employed makeup artists with no guarantee of revenue in the near future (she'll be one of the last to go back to work and all her wedding bookings etc have moved for next summer) and I don't have enough on my furloughed wage to cover it.
Rather than simply not pay etc, we've offered landlord a minimum of 6 weeks notice and to pay all rent in full and for May they can keep our deposit which is 1 months rent. 
We'll then go and live with her Mum for the foreseeable.
Current situation
Landlord advertising property, chances are a key worker will take it, there was interest within an hour of listing, in which case all fine.
On the chance it doesn't get rented out, they've said we're liable for the remainder of the contract until October.
We're trying to do the right thing rather than simply not pay, knowing we can't be evicted... and because the future is so uncertain, we're not giving them false promises by agreeing to a payment plan either.
Contract

"The landlord may bring the tenancy to an end at any time before the expiry of the term (but not earlier than six months from the Commencement Date or the Date of this Tenancy Agreement whichever shall be the later) by giving the Tenant not less than two months written notice stating that the Landlord requires possession of the Landlord premises."
This doesn't acknowledge that the tenant has any rights, a google search found "Break clauses must be balanced and grant neither party a disproportionate advantage."

Hopefully none of this is an issue but we'd just like to know where we stand. Thanks to anyone who helps.

calcotti

Have you looked at whether you might qualify for Universal Credit? Information here https://www.citizensadvice.org.uk/benefits/universal-credit/. 
Claim online https://www.gov.uk/universal-credit/how-to-claim. You both have to claim and entitlement is based on your joint circumstances.

There are online calculators to help you assess entitlement  https://www.gov.uk/benefits-calculators

You will be excluded from claiming UC if you have joint capital/savings over £16,000.

Be aware that claiming UC will end any Tax Credits, Housing Benefit etc you currently receive.

Retireby40

Surely if your girlfriend has been declaring here income and paying tax and national insurance on it then she should be able to get some form of help whether that be via universal credit or some for of unemployment benefit.

calcotti

Retireby40 said:

Surely if your girlfriend has been declaring here income and paying tax and national insurance on it then she should be able to get some form of help whether that be via universal credit or some for of unemployment benefit.

As already advised they can look at Universal Credit. GF cannot claim JSA because she is self employed.

Jeremy535897

MARKMAKAVELI said:

Hey guys,
Background
We're 6 months into our 12 month agreement. Long story short, girlfriend is self-employed makeup artists with no guarantee of revenue in the near future (she'll be one of the last to go back to work and all her wedding bookings etc have moved for next summer) and I don't have enough on my furloughed wage to cover it.
Rather than simply not pay etc, we've offered landlord a minimum of 6 weeks notice and to pay all rent in full and for May they can keep our deposit which is 1 months rent. 
We'll then go and live with her Mum for the foreseeable.
Current situation
Landlord advertising property, chances are a key worker will take it, there was interest within an hour of listing, in which case all fine.
On the chance it doesn't get rented out, they've said we're liable for the remainder of the contract until October.
We're trying to do the right thing rather than simply not pay, knowing we can't be evicted... and because the future is so uncertain, we're not giving them false promises by agreeing to a payment plan either.
Contract

"The landlord may bring the tenancy to an end at any time before the expiry of the term (but not earlier than six months from the Commencement Date or the Date of this Tenancy Agreement whichever shall be the later) by giving the Tenant not less than two months written notice stating that the Landlord requires possession of the Landlord premises."
This doesn't acknowledge that the tenant has any rights, a google search found "Break clauses must be balanced and grant neither party a disproportionate advantage."

Hopefully none of this is an issue but we'd just like to know where we stand. Thanks to anyone who helps.

Usually these tenancies are for an initial period of six months. I admire your research concerning the balancing of break clauses, but you have to consider what the remedy would be if the break clause was deemed "unfair". The short answer is that it might be unenforceable, but as the landlord is not seeking to enforce it, that doesn't help you. The answer is unlikely to be that you can insert the words "or tenant" where necessary in the clause you quote, so I think you have to accept that the consequence of leaving early is as this article explains:
https://www.movebubble.com/renterhub/end-a-tenancy-agreement-early

Retireby40

calcotti said:

Retireby40 said:

Surely if your girlfriend has been declaring here income and paying tax and national insurance on it then she should be able to get some form of help whether that be via universal credit or some for of unemployment benefit.

As already advised they can look at Universal Credit. GF cannot claim JSA because she is self employed.

I did suggest Universal Credit incase you missed that bit. 

calcotti

Retireby40 said:

calcotti said:

Retireby40 said:

Surely if your girlfriend has been declaring here income and paying tax and national insurance on it then she should be able to get some form of help whether that be via universal credit or some for of unemployment benefit.

As already advised they can look at Universal Credit. GF cannot claim JSA because she is self employed.

I did suggest Universal Credit incase you missed that bit. 

Yes I know. You said  "universal credit or some form of unemployment benefit." I was commenting on the second bit. In case of GF Universal Verdict is only option.

MARKMAKAVELI

Thanks guys, I should have added they calculated my girlfriends UC as £284 per month because I reported I had x amount coming in. That didn't account for any outgoings such as bills, food so it looks like they've just blindly given a number that isn't enough to cover bills let alone rent. 

calcotti

MARKMAKAVELI said:

Thanks guys, I should have added they calculated my girlfriends UC as £284 per month because I reported I had x amount coming in. That didn't account for any outgoings such as bills, food so it looks like they've just blindly given a number that isn't enough to cover bills let alone rent. 

Means tested benefits such as UC are income calculations, they don't take account of individual claimants expenditure. it isn’t a blind number, it’s the result of a defined calculation.

poppy12345

MARKMAKAVELI said:

Thanks guys, I should have added they calculated my girlfriends UC as £284 per month because I reported I had x amount coming in. That didn't account for any outgoings such as bills, food so it looks like they've just blindly given a number that isn't enough to cover bills let alone rent. 

There's a maximum amount you're entitled to before deductions are made. How much you're entitled to will totally depend on your circumstances. Earnings each month will reduce the amount of UC you're entitled to by 63%. As you're living together then you claim as a couple.

Your outgoings (bills) are not included in the calculation of how much you're entitled to. Remember, it's a means tested benefit...

Retireby40

poppy12345 said:

MARKMAKAVELI said:

Thanks guys, I should have added they calculated my girlfriends UC as £284 per month because I reported I had x amount coming in. That didn't account for any outgoings such as bills, food so it looks like they've just blindly given a number that isn't enough to cover bills let alone rent. 

There's a maximum amount you're entitled to before deductions are made. How much you're entitled to will totally depend on your circumstances. Earnings each month will reduce the amount of UC you're entitled to by 63%. As you're living together then you claim as a couple.

Your outgoings (bills) are not included in the calculation of how much you're entitled to. Remember, it's a means tested benefit...

How much is your rent? It's hard to believe 80% of your full time salary plus 200 odd from UC cant pay rent and food.