Rental agreements

Hess28

Hi all,

There’s a possibility that my partner and I wish to move in together. But I’ve got a rental agreement in place til July 2022.

what are my options re: ending my rental or the possibility of moving him in?

I don’t think from reading my rental agreement I have any form of cancellation option during the 12 months? But surely there’s something that I can do, what if I could no longer afford my rent and has to downsize the house?

not sure and trying to be a responsible tenant! Thanks 

MaryNB

You can try and negotiate an early surrender - however this can only be done with agreement from the landlord and will be on their terms. If there is no break clause you will be liable for rent and bill unless the landlord agrees to an early surrender.

You could offer to find a suitable replacement tenant and if the landlord agrees you will probable be expected to pay rent and bills until the new tenants moves in. Alternatively the landlord may charge you the cost of remarketing fees so they can find a new tenants and then agrees to end your liability when a new tenant moves in.
What is the rental market like where you are? Where I am it's insane and you would nearly have prospective tenants fighting eachother to take over the lease. 

With regards to your partner moving in, is there anything prohibiting this in the tenancy agreement?  Are currently you the only tenant in the property? To put your partner on the agreement it would require a deed of variation (with the landlord's agreement of course) costing £50. If your partner is working your landlord may be amenable since there is now more income to cover the rent. 

saajan_12

The easiest thing would be for partner to move in to your place. Do you live alone or with housemates who may not like it? 

If that's not possible, then you're left with requesting a mutual surrender with the LL - but only if you mutually agree. 

canaldumidi

Read my post (section B ) re ending a tenancy.

Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

Hess28

Out of curiosity - if the landlord didn’t agree, and I didn’t have the money to continue paying the rent which would be around £4,700 - what would happen? I assume going to court and a CCJ potentially? 

I almost feel the letting agency was irresponsible because I didn’t know I wouldn’t be able to end the tenancy giving notice - I didn’t realise it was a binding contract! But my own fault for not paying closer attention to the T&Cs I guess!

MaryNB

Hess28 said:

Out of curiosity - if the landlord didn’t agree, and I didn’t have the money to continue paying the rent which would be around £4,700 - what would happen? I assume going to court and a CCJ potentially? 

I almost feel the letting agency was irresponsible because I didn’t know I wouldn’t be able to end the tenancy giving notice - I didn’t realise it was a binding contract! But my own fault for not paying closer attention to the T&Cs I guess!

Yes to the CCJ.

I loathe letting agencies but in this case they didn't do anything irresponsible. You signed a 12 month lease with no break clause. You can't end it early, nor can a landlord issue an S21 that expires during the fixed term.  Every tenant who signs a fixed term lease is in the same boat, some just get shorter fixed terms or get a break clause. 12 months with no break clause isn't that unusual. They're all binding contracts.

AdrianC

Hess28 said:

I almost feel the letting agency was irresponsible because I didn’t know I wouldn’t be able to end the tenancy giving notice - I didn’t realise it was a binding contract! But my own fault for not paying closer attention to the T&Cs I guess!

You signed a 12mo tenancy, but didn't realise 12mo meant 12mo?

saajan_12

Hess28 said:

Out of curiosity - if the landlord didn’t agree, and I didn’t have the money to continue paying the rent which would be around £4,700 - what would happen? I assume going to court and a CCJ potentially? 

I almost feel the letting agency was irresponsible because I didn’t know I wouldn’t be able to end the tenancy giving notice - I didn’t realise it was a binding contract! But my own fault for not paying closer attention to the T&Cs I guess!

Had to double take whether this was the OP or someone mocking the OP

So the LA is irresponsible for
- you not reading the agreement
- you not asking "please point out the break clause, I may want to leave early". 
- you not realising that the entire purpose of signing is to show you 100% agree to be bound by something

canaldumidi

I blame the education secretary. Well, the one before the current one....