End early the tenancy agreement

[Deleted User]

MaryNB said:

Have you offered to find new suitable tenants if you leave early?  Doesn't get you out of the contract but it may make the landlord more agreeable if there's less work for them and some guarantee that there won't be a void.

Not yet. I will try. Thank you for your advice. 

Slithery

LumiP said:
I can't loose everything just because the landlord is not helpful. 

You're the one wanting to end the tenancy early, the LL has done nothing wrong.

Why did you sign a new tenancy agreement? If you hadn't you would have automatically gone onto a rolling contract with only one month's notice needed.

[Deleted User]

Slithery said:

LumiP said:
I can't loose everything just because the landlord is not helpful. 

You're the one wanting to end the tenancy early, the LL has done nothing wrong.

Why did you sign a new tenancy agreement? If you hadn't you would have automatically gone onto a rolling contract with only one month's notice needed.

Circumstances changed. We didn't think we would buy a new build house. 
Anyway, I'm looking for an advice here not judgement. 
What would you do in my situation? 

Slithery

I'd foot the bill for the remainder of the tenancy from the money I would have put aside for it when budgeting for the house purchase.

If you can't afford to pay 3 months bills at both properties then you can't afford to buy a house.

steampowered

If you truly cannot afford the rent and the new house, then you'll just have to proceed with the purchase and go into arrears on the rental, and clear the arrears as soon as you are able to do so.

macman

So, the LL is an unhelpful and nasty guy, because he expects you to honour the terms of a contract you freely agreed to? Yes, your circumstances have changed, but why do you think he should suffer the financial consequences that will result?  
You don't just buy a new-build out of the blue, you must have been considering this months ago. 

gettingtheresometime

macman said:

So, the LL is an unhelpful and nasty guy, because he expects you to honour the terms of a contract you freely agreed to? Yes, your circumstances have changed, but why do you think he should suffer the financial consequences that will result?  
You don't just buy a new-build out of the blue, you must have been considering this months ago. 

In fairness I can think of one circumstance - such as an unexpected inheritance - where a house purchase may have not been on the cards but now is.

but otherwise I'd agree with you

AdrianC

LumiP said:

davidmcn said:

LumiP said:

Can we delay the purchase until an convenient date for us?

Is it already built? Have you asked your solicitor? 

Yes, the house is already build, just few bits and will complete in 1 week or 2. I'll contact my solicitor Tuesday. But will be possible to delay the purchase? We got the mortgage offer signed as well. The searches are done. I'm really stressed. I can't loose everything just because the landlord is not helpful. 

You won't "lose everything". At most, you'll lose three or four months rent, if your landlord doesn't agree to a mutually acceptable release. How much is that? £4k?

But the contract you've exchanged will commit you to a completion date, perhaps a range - what does it say?

Many people have questionable sympathy for your situation because you voluntarily committed to a new 12mo tenancy in December - even though you could have just gone periodic - and here you are, 8mo later despite a global pandemic slowing everything right down, about to complete on a purchase... 

When did you decide to buy, and why did you not take your 12mo contractual obligation into account in making that decision?

If the landlord changed his mind and wanted to get you out part-way through the fixed period, you'd be screaming blue murder, right...? So why is it different?

greatcrested

You have 2 options

1) delay you purchase. Whether you can depends

* if your mortgage offer will expire

* if you've already committed to a purchase date or to purchasing within a given time-frame

* if you've paid a reservation fee which you might lose

* if the developer is willing to wait

* if the Citizen Housing Association offer is time-limited

As we dont know any of the above, we can't advise you

2) agree an Early Surrender with your landlord.

* he does not have to agree

* he is more likely to agree if you find a replacement tenant

* he might agree if you offer to pay him something eg his remarketing costs - this might be less than the rent till December

3) buy the property and continue to pay the rent

4) forget the purchase

Now - where did my maths let me down....?

oldbikebloke

LumiP said:

Circumstances changed. We didn't think we would buy a new build house. 
Anyway, I'm looking for an advice here not judgement. 
What would you do in my situation? 

I would drop the attitude that "landlord is not being helpful" and I'd start thinking about how much money to offer him to release from the contract before the fixed term ends.

However, it appears your "demands" to date have somewhat antagonised the LL, so I doubt his counter offer will be what you want to hear. In which case your option is pay the rent until 23 Dec or get sued by the LL for rent arrears 

we obviously have no idea how far down the line you are with your purchase. You say the build will complete "in a few days", so presumably you have already exchanged contracts, but have you agreed a completion date with them yet? If not, then obviously it is still open to discussion. If you have agreed a date, then, yes I will offer judgement because you knew what you were going to do so should have considered your rental notice options a lot sooner.

Your assumption that the LL somehow should be accommodating to your needs and is being "difficult" because you are not getting your way is just a symptom of 2 sides squaring up to have a war.