Trying to end tenancy agreement

maz02

My son and their partner have a baby they are in a fixed term tenancy which ends in April next year . They are really struggling financially and mentally to stay in this house. They want to move back with parents. There is no break clause and the agency will not help . Is there any advice someone e could give me please. 

tacpot12

They only have a couple of options: 

1. Try to persuade the landlord to release them from the tenancy
2. Try to find a tenant who will take over the tenancy from them and who can also meet the landlords referencing requirements. 

Of these two options, the second is much the easier, and the letting agency will have to help as only the letting agent can undertake the tenant referencing checks. 

The first option might work if they or you can give the landlord some money that reduces the risk that they will be out off pocket.  

Moving out without the landlords agreement or without having found alternative tenants will probably result in the landlord taking them to court and them having county court judgments made against them, which might prevent them qualifying for a mortgage or another rental property for six years.
 

anselld

They should contact the Landlord directly and try to negotiate an early surrender.

Most sensible Landlord's will probably prefer that to having an increased risk of Tenant falling into arrears through financial difficulties.  Agent are just being lazy.

They may have to agree some costs associated with re-letting.  Get whatever is agreed in writing. 

maz02

Thank you . All emails and phone calls are through an agency they are asking for the landlords email address but the agency will not give it to them . I am concerned about their mental health if they stay there any longer . 

theartfullodger

Agree:

Suggest try negotiating with landlord (the person named as landlord in tenancy agreement).

Easy to get address - gov.uk land registry, look up property deeds, £3, takes 5 minutes.

If necessary a small ££££ contribution also.

New tenants weill probably be offered a higher rent, landlord happy.

Sorry, but good luck & best wishes

XRS200

maz02 said:

Thank you . All emails and phone calls are through an agency they are asking for the landlords email address but the agency will not give it to them . I am concerned about their mental health if they stay there any longer . 

Can't they just move in with parents?  Worse case is they have to pay rent to april but at least the mental health situation is sorted.

Voyager2002

XRS200 said:

maz02 said:

Thank you . All emails and phone calls are through an agency they are asking for the landlords email address but the agency will not give it to them . I am concerned about their mental health if they stay there any longer . 

Can't they just move in with parents?  Worse case is they have to pay rent to april but at least the mental health situation is sorted.

Except the mental health seems to be the result of worrying about money.

_Penny_Dreadful

maz02 said:

Thank you . All emails and phone calls are through an agency they are asking for the landlords email address but the agency will not give it to them . I am concerned about their mental health if they stay there any longer . 

Assuming this is in England then the tenants can use section 1(1) of the Landlord and Tenant Act to request the landlord's address.

Your son, or his partner, needs to write to the letting agency requesting the landlord's address using the aforementioned legislation.  The letting agent has 21 days from receiving the request to comply.

david29dpo

Was the baby planned? Why a 12 month tenancy? why not a 6 month?

BungalowBel

david29dpo said:

Was the baby planned? Why a 12 month tenancy? why not a 6 month?

First part, not our business.  Second part, I think is a bit irrelevant now, things are how they are.

I think they should just move back with parents, even if they have to continue paying the rent until April.  They will have fewer other expenses and at least will have the support there for their mental health.

sheenas

I think you could simply run an advertisement for taking over the tenancy. The landlord doesn’t have to accept Thu. You may have to lay it one thick so it appears his best option