Ending a contract on a rented property?

SparciaM

I moved into a 2bed flat with my housemate in May 2007 and we signed a 6 month tennancy agreement. In Oct it expired and nothing happened we just went onto a month by month. But then the LL wanted to increase rent and we said no, so he agreed to do a 12 month tenancy agreement from Oct, which we signed. This agreement is identical to the first one, expect the expiry date is Oct 2008.

I need to get out of this agreement in April/May time and was wondering how I could do it. Can I just give 1 or 2 months notice to vacate the property or do I have to pay up for the whole 12 months?!? There is nothing in the contract regarding ending the agreement early, but in Oct the LL did say something about him having to give us 2 months notice if he wanted us out and we give him 1, but nothing was written down.

What are the legalities of getting out of a 12 month let, 6/7 months into it?!?

PasturesNew

You cannot give notice.
You are legally obliged to pay all rent due until the end of that 12-month tenancy.

UNLESS

You find somebody to take your place.

You can walk away and still pay, leaving it to the landlord to find a replacement. Once he's found one then you can stop paying rent, but while he has a duty in law to try to find somebody it doesn't mean he'd put his heart and soul into it like you might as he's getting the rent from you regardless.

You might try advertising on http://www.gumtree.co.uk for a replacement. I have seen such adverts on there in the past. In fact I phoned up for one and had already missed it.

The 2 months/1 month would have referred to the portion between contracts. If you hadn't signed that 2nd contract you'd have been on a Periodic Tenancy, during which time you could have just given 1 month's notice (from a rent date) and he'd have to have given you two months. (e.g. if you had given notice 2 days after a rent date you'd have still been obliged to keep paying for 2 months minus the 2 days as the notice goes from the next rent day and not the day you give notice)

SparciaM

So the only way to get out of the property is to find someone else to take it over? Can the LL decline this and ask for us to stay?!?

This is quite annoying. I thought there might've been a loophole or something!

clutton_2

"" This is quite annoying."" - how navie - you signed a legally binding agreement for 12 months - you are legally bound to pay rent for 12 months - he is legally bound to provide a house for you for 12 months.

if the landlord tried to kick you out in 6 months - what would you say about that ? a darned sight more than "a bit annoying" i'll be bound

why not just talk to him and be nice ..... offer to pay his advertising costs to find another tenant, offer to show prospective tenants round the property - if you want him to release you from your contract you must give him a carrot or two.

SparciaM

Clutton if you're not going to reply with constructive advice then don't bother.

I'm not naive and understand a legally binding agreement. I had no plans to move, but as in life things change and a move is intended around May. I may be able to put it off till August/Sep.

If the LL tried to kick me out in 6 months, yes I would be angry, but he can do that as he can serve a notice to vacate. I was only asking if there was something for tenants as well.

I think next time I'll do my own research and not bother being called naive and told what did I expect.

bandraoi

Talk to the landlord, he may not mind, some don't.

littlemissmoney

SparciaM wrote: »

If the LL tried to kick me out in 6 months, yes I would be angry, but he can do that as he can serve a notice to vacate.

Umm, no, he couldn't serve a notice to end before the end of the legally binding agreement (one year).

SparciaM wrote: »

I'm not naive and understand a legally binding agreement.

Really? :rolleyes::cool: Maybe you should read and learn from helpful people like clutton who are trying to help you.

clutton_2

""offer to pay his advertising costs to find another tenant, offer to show prospective tenants round the property - if you want him to release you from your contract you must give him a carrot or two.""

i think this is astonishingly constructive - nowt so queer as folks ......

ohmsoft

SparciaM wrote: »

So the only way to get out of the property is to find someone else to take it over? Can the LL decline this and ask for us to stay?!?

As far as i'm aware the LL can only reject a tenant you find based on poor reference or credit check as they have a duty to mitigate your loss.

There is no other loophole to allow you out of the legal contract (unless the property is deemed as unfit to live in) and the LL can not kick you out unless you don't pay your rent or breach your side of the contract.

It sounds to me like the landlord decieded not to increase your rent in return for the security of knowing that you would sign up for a further 12 months - i therefore doubt there is a way out.

Personally i would never sign more than 6 months as I never know what i'm doing month on month

PasturesNew

Oh hang on, maybe the "Tenants Right Not to Be Annoyed Act 2008" covers this.

littlemissmoney

SparciaM wrote: »

then the LL wanted to increase rent and we said no, so he agreed to do a 12 month tenancy agreement from Oct, which we signed.

I think this is key. You are paying less rent precisely *because* you agreed to stay for 12 months.

Could your housemate afford the rent on their own for a few months?