Trying to end tenancy agreement

Grumpy_chap

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 . 

What is the cause of the health issues around staying at the current property?  Is it to do with the state of the property, or to do with the finances of running the property?

You should not have to ask for the LLs contact details - there should be an official address stated in the contract.  Is that address simply a "c/o the Agent"?

If the Agent is being unhelpful, then write to the LL (preferably) and / or the Agent to surrender the Tenancy.  Give reasonable (4-weeks?) notice.  AIUI, once that notice period is done, they can vacate and return the keys and cease forward liability for Council Tax, utilities, etc.  The LL could hold them to costs of the tenancy from vacation until the completion of the fixed term, but has to take reasonable efforts to mitigate that loss - i.e. has to re-market the property for new tenants.  The LL could charge for some of the costs associated with the re-marketing, but that should be far less than what seems to be another 9-months rent.

From a LL's perspective (I am one), it seems far more preferable if a Tenant needs to move on that they are able to do so and vacate the property for remarketing in a sensible, adult manner, then stay in the property and unable to keep up the rent, or stresses mean the property is neglected.

EDIT - corrected factually incorrect / misleading part.  Sorry.

_Penny_Dreadful

Grumpy_chap 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 . 

What is the cause of the health issues around staying at the current property?  Is it to do with the state of the property, or to do with the finances of running the property?

You should not have to ask for the LLs contact details - there should be an official address stated in the contract.  Is that address simply a "c/o the Agent"?

If the Agent is being unhelpful, then write to the LL (preferably) and / or the Agent to surrender the Tenancy.  Give reasonable (4-weeks?) notice.  AIUI, once that notice period is done, they can vacate and return the keys and cease forward liability for Council Tax, utilities, etc.  The LL could hold them to costs of the tenancy from vacation until the completion of the fixed term, but has to take reasonable efforts to mitigate that loss - i.e. has to re-market the property for new tenants.  The LL could charge for some of the costs associated with the re-marketing, but that should be far less than what seems to be another 9-months rent.

From a LL's perspective (I am one), it seems far more preferable if a Tenant needs to move on that they are able to do so and vacate the property for remarketing in a sensible, adult manner, then stay in the property and unable to keep up the rent, or stresses mean the property is neglected.

An AST must contain an address for the serving of notices that’s in England or Wales. That address is not required to be the landlord’s own address and as there’s a letting agent involved my money is on the address being that of the letting agent. 

A tenant cannot unilaterally decide to end a fixed term contract early. The notice you propose sending has no legal standing and the tenant’s obligation to pay CT and utilities doesn’t end simply because they choose to moved out part way through the fixed term. 

km1500

I believe when the renters reform bill comes law which will be sometime soon then all contracts will at the implementation date go on to a rolling two months tenancy so they should be able to give two months notice then and leave

This is my understanding anyway

theartfullodger

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 . 

Just spend £3 with gov.uk land registry and get owner's (**) address.  They write to them there. (Or indeed go see them)

(**). Be aware you don't have to own something to be landlord:  But it's a cheap start. 

Jude57

theartfullodger 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 . 

Just spend £3 with gov.uk land registry and get owner's (**) address.  They write to them there. (Or indeed go see them)

(**). Be aware you don't have to own something to be landlord:  But it's a cheap start. 

And be aware that the landlord may have used the rental property address as their address when registering the purchase with HM Land Registry.

Also, if you do find a different address registered, I wouldn't recommend turning up there unannounced or unexpectedly because you have no idea of the landlord's personal circumstances nor indeed how they may react to a tenant showing up. 

RHemmings

I believe (could be wrong) that if your children just break the contract and leave, that the landlord has to then minimise their damages. I.e. they have to find a new tenant for the property in a reasonable time, and then the OP's child and partner would only be on the hook for the lost rent and other reasonable costs incurred. 

I'm not a lawyer, and I'm not legal advice. But, based upon this and what others have written, I would suggest the following. 

1. Have your son send a letter by recorded delivery to the landlord via the landlord's address as per the rental agreement. In the letter, ask the landlord to release them from the contract. Ask nicely. See what happens. Explain the mental health issues that are occurring and that it is necessary for their health to return to their parent's home. 

2. If no response, or it's negative, then offer a cash sum to be released from the contract. I would think that four months rent would be generous. Certainly more than one. Point out that you don't wish to cause the landlord any possible cash-flow problems, and that this would be an up-front payment. 

3. If no response, or it's negative, then they can write another letter to say that they will be breaking the contract, and that the last date that they will be paying the rent will be <DATE> and that they will vacate the property on <DATE>, returning the keys to the agent.  Give them full new contact details, remind them of their legal obligation to minimise their damages, e.g., by readvertising the property and finding a new tenant. Your son and their partner can tell them that they will pay the landlord's reasonable damages, but not more. Remind them of the offer in 2., and point out that this is likely to be a generous offer which will more than cover their damages. And that because that would be an up-front payment, it will (for example) avoid the landlord having cash-flow problems etc. if there is a short void. 

4. If no response, or it's negative, then stop paying the rent on the date, move out, return the keys by recorded delivery, write a letter reminding them of the situation and their legal obliglations, and wait for the request for damages. If it's reasonable, then pay it, and it's all done. If it's not reasonable, then counter-offer a reasonable sum. If no agreement, let it go to court. 

Note: My assumption in all this is that payment of rental contracts act similarly to other contracts in terms of minimising damages when a contract is breached. However, a blog post at LandlordZone suggests that a landlord can keep on demanding the rent if the tenant breaking the lease doesn't find a replacement tenant themselves. https://www.landlordzone.co.uk/news/tenancy-surrender-mitigating-losses  But, the case studies there are for commercial, not residential, properties. However, this page: https://blog.openrent.co.uk/what-to-do-if-your-tenant-breaks-contract-and-leaves-abruptly/  eventually gets to "Your second option is to demand that the tenant pays the rent they owe up until the point of the tenancy being terminated. This could conceivably be a large sum and may be worth pursuing, although it is important to note that under the Tenant Fees Act 2019, if the tenant wishes to end the tenancy early, they are only liable to pay reasonable costs and damages.

If you are claiming the rent is owed for the duration of the fixed term, then this must be on the understanding that the tenancy still exists. Just like with any existing tenancy, you are not permitted to enter the property without the tenant’s permission, nor to conduct viewings or move new tenants in. To do so would be to imply the previous tenancy is over, and therefore to forgo your claim to owed rent. ". 

HillStreetBlues

RHemmings said:

I believe (could be wrong) that if your children just break the contract and leave, that the landlord has to then minimise their damages. I.e. they have to find a new tenant for the property in a reasonable time, and then the OP's child and partner would only be on the hook for the lost rent and other reasonable costs incurred. 

I'm not a lawyer, and I'm not legal advice. But, based upon this and what others have written, I would suggest the following. 

You are correct it's Mitigation of Loss, the LL can not just sit back do nothing if there is a breach of contract, the LL will have to minimise the loss.

newsgroupmonkey_

tacpot12 said:

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.
 

Let's be absolutely clear here. I hate it when people use CCJs as a threat.

You will only get a CCJ if you don't pay. A Landlord would have to show loss. If the friends can pay the debt within 28 days, then they don't have a CCJ.

For instance, if your friends moved out and the place was empty for a month before new tenants moved in, the Landlord could only charge reasonable re-letting fees and a month's rent.

The Landlord certainly isn't going to want it empty, even if they could theoretically claim rent payments until next April, because their Insurance will be void.

RHemmings

newsgroupmonkey_ said:

tacpot12 said:

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.
 

Let's be absolutely clear here. I hate it when people use CCJs as a threat.

You will only get a CCJ if you don't pay. A Landlord would have to show loss. If the friends can pay the debt within 28 days, then they don't have a CCJ.

For instance, if your friends moved out and the place was empty for a month before new tenants moved in, the Landlord could only charge reasonable re-letting fees and a month's rent.

The Landlord certainly isn't going to want it empty, even if they could theoretically claim rent payments until next April, because their Insurance will be void.

Yes. As in one of my posts further up, if they are going to break the contract then they can say that they will pay the landlord's reasonable costs. They can ask for this to be included in any letter before action. And then, if the amount requested is reasonable, pay it. No CCJ. 

Murphybear

Be aware that a letting agent is employed by the landlord not a tenant any everything should go through the agent.  Some landlords employ an agent as they want no contact with the tenant and have as little as possible to do with the running of the tenancy.  If you do contact the landlord be prepared to be told “talk to the agency”.

I have many years experience of being a letting agent - member of ARLA and extremely well trained