Exiting Short Term Tenancy - Advice needed

BeardedLady

Hi - looking for some advice.

We've been happily renting our home, as we came the end of the 12 mth tenancy we were told that the property may be sold and developed. It was a shock as one of the selling points was the long term rental history, but the landlord was made on offer they couldn't refuse.

The landlord offered us a 6 month tenancy as they didn't want us, as tenants, "disadvantaged" if the sale were to progress and the prospective buyers would not be able to evict us at short notice. We asked for a rolling contract as that would benefit both party's and if we were to receive 2 months notice we'd be looming for a new home at xmas. We had verbal agreement to wriggle room re: exit date but were presented with 6 month contracts to sign which we felt compelled to sign with concerns of a Section 21.

Since then we have had no communication from the landlord, and had to contend with an unannounced visit from buyers and representative, who told us that they would be willing to offer us an incentive to leave the tenancy early whilst compensating the landlord with any lost rent - a deal that seemed to suit everyone and help us with moving costs etc. Because of that we started to look for properties, we have a dog, four kids and have to remain in a certain radius for schools etc - so quite limited with options. But we found something that would be ideal and communicated to the landlord and agent that we'd be looking to exit the tenancy.

We received an email from our landlord saying that the sale was not progressing quickly, there was no agreement between her and the buyers to terminate the tenancy and the following:

It is a 6 month contract and I am not minded to agree to the early termination of the contract until contracts are exchanged. Without an exchange, potentially I would have an empty property and the tenants would not receive any money. 

With hindsight we should not have signed the 6 mth contract but felt obliged to with the possible threat of eviction. We now understand that the landlord wanted this to be a fixed term as to cover herself should the sale not materialise and that our best interests were not the motivation which she listed as:

I agreed to renew the tenancy for 6 months as I thought it unreasonable of the buyers to expect the tenants to vacate on very short notice. I have always not wanted the tenants to be disadvantaged. 

Is anyone able to advise if we have any just reason to terminate the tenancy/give notice without fear of reprisals? We felt almost coerced into signing looking back just to protect the landlords position, ie they earn a substantial sum of money from the sale or rental £ continues. We're finding the whole situation ridiculously distressing and would ideally just like to move on and let them get on with it.

Thanks in advance!

PS The compensation from the potential buyer is not a driver but triggered us to start looking at our options.

elsien

You agreed to the six-month tenancy and that is what you have. 

When did it start? 

To be fair, it’s no great surprise that the landlord is acting in their own interest in not in yours. You could have gone onto the rolling tenancy and take your chances with a section 21 - you weren’t compelled to do anything - but that’s academic now. 

BeardedLady

We signed the contract just over a month ago, I didn't realise that not signing was an option (at the time we were terrified of being homeless). I know feelings aren't important when it comes to contracts but we feel that the benefits of signing were mis-represented and, as the kids would say, mugged off by the landlord we're paying the best part of 2k a month.

BarelySentientAI

You have a very skewed perception of the situation - probably based on you wishing with the benefit of hindsight you made a different decision.

You were offered the choice of a 6-month tenancy or a rolling tenancy.  You chose the first.  Now that it suddenly doesn't suit you, triggered (as you freely admit) by a financial incentive, you somehow think you were coerced into it and want it not to be valid.  Had you not been offered cash to leave by the potential buyer, you would have been perfectly happy with the 6-month tenancy.

The "just reason to terminate the tenancy/give notice" is whatever the contract that you signed of your own free will says.

swingaloo

The landlord wants to get rent till the sale completes and has used you to do so. but, unless he sells to another landlord the sale wont complete without the buyer having vacant possession of the property so its going to be very awkward. The new buyer saying they will pay you to leave is madness, their solicitor will tell them not to complete till you are gone. 
If you were to remain in the property then the new buyer becomes your landlord.

Had you gone onto a rolling tenancy you would not have had to leave in 2 months, only a court can evict you and that takes ages and also depends on the Section 21 being valid.

BeardedLady

BarelySentientAI said:

You have a very skewed perception of the situation - probably based on you wishing with the benefit of hindsight you made a different decision.

You were offered the choice of a 6-month tenancy or a rolling tenancy.  You chose the first.  Now that it suddenly doesn't suit you, triggered (as you freely admit) by a financial incentive, you somehow think you were coerced into it and want it not to be valid.  Had you not been offered cash to leave by the potential buyer, you would have been perfectly happy with the 6-month tenancy.

The "just reason to terminate the tenancy/give notice" is whatever the contract that you signed of your own free will says.

I think you may have a skewed perception of my post - At no point were we offered a rolling contract despite requesting one as I made clear above.

The reason the tenancy no longer "suits me" is that I feel that the benefits outlined by the landlord were misrepresented, evidenced by the contradictory quotes I included above. Which, again, if you had read, you would be aware of. Thanks for your helpful input.

BeardedLady

swingaloo said:

The landlord wants to get rent till the sale completes and has used you to do so. but, unless he sells to another landlord the sale wont complete without the buyer having vacant possession of the property so its going to be very awkward. The new buyer saying they will pay you to leave is madness, their solicitor will tell them not to complete till you are gone. 
If you were to remain in the property then the new buyer becomes your landlord.

Had you gone onto a rolling tenancy you would not have had to leave in 2 months, only a court can evict you and that takes ages and also depends on the Section 21 being valid.

Interesting, thanks swingaloo, will look more into vacant possession and section 21. if we're still here in 6 months will come in very handy.

BarelySentientAI

BeardedLady said:

BarelySentientAI said:

You have a very skewed perception of the situation - probably based on you wishing with the benefit of hindsight you made a different decision.

You were offered the choice of a 6-month tenancy or a rolling tenancy.  You chose the first.  Now that it suddenly doesn't suit you, triggered (as you freely admit) by a financial incentive, you somehow think you were coerced into it and want it not to be valid.  Had you not been offered cash to leave by the potential buyer, you would have been perfectly happy with the 6-month tenancy.

The "just reason to terminate the tenancy/give notice" is whatever the contract that you signed of your own free will says.

I think you may have a skewed perception of my post - At no point were we offered a rolling contract despite requesting one as I made clear above.

The reason the tenancy no longer "suits me" is that I feel that the benefits outlined by the landlord were misrepresented, evidenced by the contradictory quotes I included above. Which, again, if you had read, you would be aware of. Thanks for your helpful input.

You automatically go onto a rolling contract at the end of a fixed term AST.  That is the law.  You don't need to be offered one.

Just like a section 21 isn't a 2 month notice - although you seem to think it is - and the benefits of the 6-month contract are still exactly the same as it was when you signed it.

Nothing has changed between signing the contract a month ago and today, apart from you being offered some cash and now deciding the grass is greener somewhere else.

You panicked, based on a non-existent 'threat' of eviction, and regret it.  Even now, you're asking about "threat of reprisals".  Would you like to explain what actual 'reprisals' you think you are at risk of?

Follow the law, and follow what's written in your contract.  If there's a break clause or notice period in there, super.  If there isn't, then remember that for next time.  Rational, logical, not getting yourself in an unnecessary twist.

As the sitting tenant in a property being sold, you're in a more powerful position than before, not less.

BeardedLady

@BarelySentientAI you seemed to be convinced this is inspired by greed, that a cash incentive is the reason for us wanting to move. Its not. I was made redundant 6 mths ago, I managed to secure another role relatively quickly, we're in a good position financially. 

Moving would be me providing security for my family, and in that way yes the grass would be greener and despite the AST we still feel in a horrible limbo which is causing a lot of stress (kids are scared they're going to have to move schools, lose friends, we're close to family etc)

I'm really interested as to your comment re: Section 21. It was my understanding that would be served by the landlord giving us 2 months notice to vacate which i believe could be 4 mths into the 6 mth contract.

As far as reprisals, I'm trying to understand what penalties we would incur - not threats of violence etc!

Schwarzwald

BeardedLady said:

Is anyone able to advise if we have any just reason to terminate the tenancy/give notice without fear of reprisals? We felt almost coerced into signing looking back just to protect the landlords position, ie they earn a substantial sum of money from the sale or rental £ continues.

Unless there is a break clause you will most likely have to fulfill the 6 months contract that you agreed to.

what the LL makes or doesnt male is not really any of your concern and you make a lot of assumptions here. Totally irrelevant

elsien

It’s not a reprisal, but if you left early, you would be liable for the rent up to the end of the tenancy and you would still need to give the correct notice, otherwise it would just continue onto the rolling tenancy anyway. 

You might want to look at the shelter website.