What if i wish to break out of an Assured shorthold tennancy

owls1867

OP - speak with the letting agent. Advise you want to leave and you are willing to continue paying rent in full, continue with your obligations of the tenancy (i.e. paying all utility bills) and pay any advertising costs to the agent until new tenant is found. You have a legally binding contract and you simply just cannot walk away and cancel it. 

There should be no reason why a landlord should be out of pocket when they have willingly in good faith offered you a contract (a contract that you have openly signed), as its you who wants to break this agreement, not them. 

As for the CCJ - you are playing a very dangerous game. The landlord could apply for a CCJ through a small claims court and just send it to your last known address (I think). 

The landlord may also decide to use a tracing agent to make an example of you and costings might be not even be a factor to them - why should someone just simply get away with it? Leaving them to deal with all the mess left behind and all the admin that is involved to get the house back ready for somebody new. 

faringdon

[QUOTE/]Leaving them to deal with all the mess left behind and all the admin that is involved to get the house back ready for somebody new. [/UNQUOTE]

Thanks but i dont leave any mess behind....i always leave the rooms in as good state as when i moved in.
The "admin to get the next tennant" is not that expensive.....its a fine tuned procedure developed by the Estate agents who have made it as efficient as possible.

[QUOTE/] why should someone just simply get away with it? [UNQUOTE]
Get away with what?....making the landlord make more money than they otherwise would have because they got a new tennant and kept the runaway's deposit and pre-payed rent?

Breaking an AST and moving house is not a desirable thing....its a last resort because someone has lost their job. Nobody wants to move house if they can help it.

Overall....landlords will be helped (make more money) by people breaking out of AST's......because they will be able to attract in those runaway's who just broke out of an AST from somewhere else.

Its win/win.....its senseless for a mechanical engineer or electrical engineer to be stuck out of work in say swansea, because they have to see out an AST.....when companies in London say, are going bust because they cant find engineers....not to mention landlords in London not able to get a tennant because the tennants are stuck in AST's elsewhere in  the country.

Landlords definetely stand to gain more money by AST's being break-out-able.

[QUOTE/]Advise you want to leave and you are willing to continue paying rent in full, continue with your obligations of the tenancy (i.e. paying all utility bills) and pay any advertising costs to the agent until new tenant is found. [UNQUOTE/]
If you offer to pay the rent in full for the rest of the tennancy, then definitely the landlord will not bother getting in a new tennant till the AST ends.

How do County court judges see this?.....they literally are happy to see electrical engineers stuck in AST's in say swansea because the next job offer is in london so they cant take the job because they have to sit there in an AST in swansea?

noitsnotme

faringdon said:

Overall....landlords will be helped (make more money) by people breaking out of AST's......because they will be able to attract in those runaway's who just broke out of an AST from somewhere else.

This is some expert level trolling!

Mr.Generous

The admin to get a new tenant is a months rent minimum, the hassle of doing tenant viewings and effectively interviewing prospective tenants is quite a bit of bother. Landlord is supposed to switch all utilities and council tax back to own name on a rental, in your case I would refer the council tax and utilities back to the rental contract and insist the tenant is liable. I'd update only when re-let. That means potentially you are going to have gas, electric, water and council tax debts chasing you, and the council tax never let it drop.

 I can see you clocking up multiple CCJ's if you carry on. I also take former landlord references which would be interesting. My landlord legal insurance would provide costs for trace agent and court costs, so why wouldn't I use them? You will find it harder and harder to fly under the rader with a skip, the Renters Rights Bill is increasing risks to landlords so more tenant checks and insurance for things like lost rent is becoming the norm. I'd be suprised if the Insurance companies don't start using trace agents to recover their costs. 

swingaloo

faringdon said:

[QUOTE/]Leaving them to deal with all the mess left behind and all the admin that is involved to get the house back ready for somebody new. [/UNQUOTE]

Thanks but i dont leave any mess behind....i always leave the rooms in as good state as when i moved in.
The "admin to get the next tennant" is not that expensive.....its a fine tuned procedure developed by the Estate agents who have made it as efficient as possible.

[QUOTE/] why should someone just simply get away with it? [UNQUOTE]
Get away with what?....making the landlord make more money than they otherwise would have because they got a new tennant and kept the runaway's deposit and pre-payed rent?

Breaking an AST and moving house is not a desirable thing....its a last resort because someone has lost their job. Nobody wants to move house if they can help it.

Overall....landlords will be helped (make more money) by people breaking out of AST's......because they will be able to attract in those runaway's who just broke out of an AST from somewhere else.

Its win/win.....its senseless for a mechanical engineer or electrical engineer to be stuck out of work in say swansea, because they have to see out an AST.....when companies in London say, are going bust because they cant find engineers....not to mention landlords in London not able to get a tennant because the tennants are stuck in AST's elsewhere in  the country.

Landlords definetely stand to gain more money by AST's being break-out-able.

[QUOTE/]Advise you want to leave and you are willing to continue paying rent in full, continue with your obligations of the tenancy (i.e. paying all utility bills) and pay any advertising costs to the agent until new tenant is found. [UNQUOTE/]
If you offer to pay the rent in full for the rest of the tennancy, then definitely the landlord will not bother getting in a new tennant till the AST ends.

How do County court judges see this?.....they literally are happy to see electrical engineers stuck in AST's in say swansea because the next job offer is in london so they cant take the job because they have to sit there in an AST in swansea?

You have a very strange view about County Court Judges and what they consider. Perhaps you need to read up on the procedure as I suspect you could be getting a few claims going forward.

Tabieth

You seem to have very odd ideas how the system works. Ultimately you sign a contract and you are contactually bound. You might get away with being in breach of said contract but it’s a gamble. And, if you repeatedly breach ASTs, you’ll risk bot being able to get a rental home because of bad references. 

owls1867

"Get away with what?....making the landlord make more money than they otherwise would have because they got a new tennant and kept the runaway's deposit and pre-payed rent?

Breaking an AST and moving house is not a desirable thing....its a last resort because someone has lost their job. Nobody wants to move house if they can help it"

Thats why people claim HB to help pay their rent in such circumstances. You have a legally binding contract for a minimum period and you should honour it. I am sure you wouldn't just stop paying your current mobile contract because you fancied a new phone - same applies here. 

"If you offer to pay the rent in full for the rest of the tenancy, then definitely the landlord will not bother getting in a new tenant till the AST ends"

But you owe the money. You are legally liable for the rent.  You have a signed contract. The landlord does not have to agree to anything if he doesn't want too, but paying the re-let costs will allow you to exit the contract amicably and at no loss to them. 

theartfullodger

Negotiate with landlord/agent.  See wat they will settle for.... 

Good luck

lincroft1710

Read the OP's other threads

faringdon

IMHO, the problem is that people who never would previously have become landlords have, since 2000, now entered into "buy to let paradise" and realised that this isn't something you can actually

do alongside your normal day job.

When  I was a lad......40+ years ago....rental properties were always administered by

"letting agencies", and all the transfer of bills and viewing of rooms etc was just their normal

"bread and butter"...no drama.

Prior to 2000, it was always taken that if you broke contract, you simply squared up all your bills,

and lost your deposit and lost any pre-payed rent...and of course if anything was damaged you made it good.

And that was it.

Often the "letting agencies" were a part of a small building company. Nowadays people who

never would have come into the world of property landlording have come into it, thinking its

just like an investment...which it isnt. Ive worked with a lot of engineers who went into the 

"buy to let paradise", found it was not something you can do as a side-job, and then rightly

gave it up and sold up the property.

If a landlord finds viewings and bills a problem or a pain..then time to sell  up the property

and get out....save yourself the stress.

Ive worked with a lot of engineers who entered the "Buy to let paradise", and found it really

over-interfered with their day job. They wisely sold up and got out.

Now "non  payment of rent when you were still living there"...now that was a crime..and a big one at that!.

Very often the letting agency would be associated with a building company....and if you were still there

and hadn't payed rent...one might find oneself exiting by the window courtesy of a couple of bricklayers! 

But just clearing off when you were payed up in rent...

that never used to bother anyone. -they just got someone else in....kept the deposit and pre-payed rent.
"Admin" of getting a new tennant?...that was just their "bread and butter"...no bother.