Ending a contract on a rented property?

PasturesNew

Personally speaking, I am renting under an AST for the first time for 6 months. I am now just over 4 months in and have heard nothing and I am hoping to slip onto the Periodic Tenancy. Yes I would have only 2 months' notice, but I would be able to give 1 month's notice.

I don't want to be tied into another 6 months. I might stay here another year or more. I don't know. But I don't like being tied into things.

If I were in your position I'd have been glad with no formal agreement and would have tried to keep things like that.

I don't know where life will take me. At any day things can suddenly change (and usually do for me and always have done). I like the idea that I can just pack my stuff into my car and go wherever I need or want to be.

It probably IS a shame there isn't another type of tenancy, where the landlord promises not to kick you out for fixed periods of 6-12 months, but you only have to give 1-2 months' notice.

Smi1er

PasturesNew wrote: »

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

I'm glad you're not a lawyer:D

OP. Is it an assured shorthold tenancy? If so then you have to give two months notice, but you can do this from 4 months into the contract onwards.

This does depend on your relationship with the fellow tenant, as if you give notice then so do they.

All of thi will be written in the tenancy agreement, if it isn't then I suspect the LL has possibly typed their own up which is full of holes.

As someone else suggested, ask the LL

littlemissmoney

Smi1er wrote: »

OP. Is it an assured shorthold tenancy? If so then you have to give two months notice, but you can do this from 4 months into the contract onwards.

This might be what your AST says, but they are all different! The OP has said hers doesn't have a break clause in.

Smi1er wrote: »

All of thi will be written in the tenancy agreement, if it isn't then I suspect the LL has possibly typed their own up which is full of holes.

Just because the OP's AST is different to yours, what makes you think it's "full of holes"?! :rolleyes:

PasturesNew

Smi1er wrote: »

I'm glad you're not a lawyer:D

I wish I was. They get paid thousands to get things wrong.

Tori_Bellatrix

Isn't it possible to 'surrender' the property whichout any financial penalty (regardess of a fixed term contract) as long as the Tenant and Landlord are in agreement?

From Shelter:

What if my landlord agrees that I can leave?

It is possible to get out of the agreement at any time if you can come to a mutual agreement with your landlord. This is called 'surrender'. To be valid, both sides must agree, and it's always best to put what's been agreed in writing so everyone knows where they stand. If you have a joint tenancy all the joint tenants and the landlord must agree to the surrender.
It's worth seeing if your landlord is willing to negotiate even if your tenancy agreement says you can't leave early. It may be convenient for both of you!

clutton_2

this would involve TAlking to the landlord - and our OP does not seem to make a habit of this !!!

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

shucks - surely you meant the "Landlords Right Not To Be Taken For A Ride Act 2008?" lol !!!!!!!!

Smi1er

littlemissmoney wrote: »

This might be what your AST says, but they are all different! The OP has said hers doesn't have a break clause in.

Please look up the difinition of an Assured Shorthold tenancy.;)

SparciaM

Most of you have given some good advice and the some have been down right condescending and pretty pointless on a discussion forum, but I guess this happens and is to be expected.

I am going to talk with the LL to see about this, but I just wanted any additional advice from this forum. Not people taking the michael out of a pretty simple question.

There is only a few answers, yes you could and here's how u try. Now you can't unfortunately. Not the whole can't be bothered acts and blah blah.

I couldn't go into a month by month contract as LL and agency wouldn't allow it. I was quite happy to sign for 12 months as had no reason to leave. But things change. If I have to stay until Oct or pay up till then, then that's what needs to be done. Why don't people just reply to a question, give advice and leave the opinions and condescending manners at the door!

And the landlord can serve notice to have the property back over numerous circumstances, Such as if mortgage payer and needs to get back into the property as has no property to go into, if serious work is needed and needs the property as a dwelling etc - but would need to give 2 months notice to do this. I was only wondering if this loophole for LLs was one for tenants as well.!.

littlemissmoney

Smi1er wrote: »

Please look up the difinition of an Assured Shorthold tenancy.;)

Please can you show me a definition that says all AST must be the same and one year ASTs must include a 6 month break clause where notice can be given after 4 months? :wall:

speedtwin

Smi1er wrote: »

OP. Is it an assured shorthold tenancy? If so then you have to give two months notice, but you can do this from 4 months into the contract onwards.

Smi1er you are wrong wrong wrong. It may say that on a AST you have had now or in the past but unless there is a break clase the tenant has a legal obligation to pay for the full lenght of the contract. At the end the tenant does not legally have to give notice they could just hand the keys back (not best pratice, and doesnt make you popular with the L/L). If the L/L wants the tenant out at the end of the contract the normall pratice is to serve (correctly) a section 21 on the tenant giving at least 2 months notice to end on the last day of the tenancy.

The normal and best route to be released early is to speak to the L/L/Agent and and come to a arrangement that doesnt leave him out of pocket

Oh as well a tenant only has to give one months notice when the AST is periodic but the L/L 2 months