Potential deposit loss

Mimi_Arc_en_ciel

My OH has moved area for a different employment - the plan was for me to move down at a later date (Beginning Nov) once I had sorted out schools etc for the children. 

Partners had a wobble (I'm gong down to talk to him) but he's essentially not as settled as he had hoped and that the job isn't what he was "sold it" as.

Before I have the chat with him, I'm trying to find out where we would stand on the rented house..... 

There isn't a break clause (LA wouldn't put one in) - tenancy is for a year - OH literally moved in a month ago.... so not long! 

I'm trying to convince OH to give it a bit more time and see how it is (And obviously me and children being there will help him settle at home) but if he really wants to quit and return to "home", are we likely to lose the house deposit? 

Nothing in contract about ending early 

allypally26

You could be liable for rent and all bills until the end of the tenancy. So it’s not just the deposit I’d be worried about. 

You might be able to negotiate an early release but the LL can literally charge any amount they wish or refuse. 

MaryNB

There is no obligation on the landlord to end the tenancy early. You can negotiate an early surrender but if the landlord refuses you are still liable for rent and bills until the fixed term ends. It's not a case of just losing your deposit. 

If you can negotiate an early surrender it's entirely at the landlords discretion. They may ask you to pay the reletting costs and any rent due until the replacement tenants move in. It's entirely up to them. 

TBagpuss

Its not the deposit you need to worry about, it's the 11 months rent.

If he/you signed a contract to rent for a year, then he/you will be liable to pay the rent until the tenancy ends, so you'll be liable for the remaining 11 months rent. You would get the deposit back if, when the tenancy ends, there is no damage to the property.

If he doesn't want to continue then he would need to try to reach an agreement with the landlord to end the tenancy early. They may be willing to do that if there is a lot of demand, (although the fact that they insisted on a year rather than 6 months, an no break clause,  suggests to me that perhaps they don't fin the property easy to let so wanted to tie you in for a s long as possible)

If they do agree, they may well make their agreement conditional on you paying any additional expenses (e.g. costs to re-advertise, rent up to when the new tenants move in) so they are not out of pocket. You would need to make sure that any agreement was in writing and that you were clear about what you were or were not liable for.

If you and the children move, will you / he be able to find alternative jobs? If he doesn't like the current jb, would he be likely to find a different job in the same area?

canaldumidi

As above. There is a binding contract that commits the tenant to paying rent for 12 months and commits the landlord to providing the property for 12 months.

Neither side can alter that without the agreementof the other.

Mimi_Arc_en_ciel

I thought that would be the case. I'm hoping I can convince him to stick it out / look for another job. Ending the tenancy will be the absolute worst case scenario and not something I would do lightly. To be fair the house is in a nice area and it took us months to find so I don't think it would take too long to rent back out. People were putting in applications and deposits without viewing so we really did struggle to find somewhere! Fingers crossed I can convince him.

MaryNB

Has he only been in the job 1 month? I find it takes me about 6 months to settle in, even in my current role where I just moved offices within the same company and did work for a different client but the nature of the work was the same. 

Mimi_Arc_en_ciel

No, he's only been in the house a month. He's been doing the job a few months now

NameUnavailable

The question is specifically about potentially losing your deposit but as already pointed out, you have apparently signed a years contract so you are tied in for a year! Your landlord might be nice and agree to terminate early but I expect they would want some compensation for the hassle and costs of finding new tenants.

However, there's a whole raft of other questions to consider. What are the terms of your partners employment contract? How easy will it be for him to find another job if he moves back? Where are you currently living and what are the 'ties' with that (have you given notice on another rental and will therefore need to find another new place to live etc)?

I think the first conversation would be with the landlord. If they aren't willing to break the contract early then you may as well move down and all give it a try for the next 6 months, if it's not right by then he can start looking for a job elsewhere and you can start planning your next move.

GDB2222

Mimi_Arc_en_ciel said:

I thought that would be the case. I'm hoping I can convince him to stick it out / look for another job. Ending the tenancy will be the absolute worst case scenario and not something I would do lightly. To be fair the house is in a nice area and it took us months to find so I don't think it would take too long to rent back out. People were putting in applications and deposits without viewing so we really did struggle to find somewhere! Fingers crossed I can convince him.

The estate agent commission will have been paid by the landlord based on the whole year’s rent. It’s typically about 10%.

What’s it costing you where you are currently, as you seem to be running two homes? And what about school for the kids? 

Mimi_Arc_en_ciel

Yep there's two home.... I own the one I am in now with the children so it's just basic bills (no mortgage) 

OH got offered a job that was "too good to turn down" - I had my reservations (and voiced them!) but OH wanted to do it. 

I've told him today that he needs to give it more time etc - He has anxiety which has kicked off this week, which in turn has caused all this. I do think its just a wobble. 

Schools... I had found some nice schools in the area for the kids - They aren't due to start until Nov term, which is really why I am trying to get this sorted ASAP. I cant move them if he isn't going to stick it out. The kids were looking forward to moving and starting their new schools 

I'm fuming with him at the moment