Early Termination of Tenancy

[andyofengland]

Hi,

This question has probably been answered before, but I can't find a response which seems to answer my problem.

Last November, myself and my girlfriend started a 12 month contract on a house. November came and we signed for another 12 months.

Fairly recently, the landlord mentioned to us that he was considering selling the property to raise some capital. We expressed an interest in buying the property, but also decided to check out the market and see what else was out there.

Eventually, the landlord came back to us saying that he is no longer selling due to taxation implications. However, we had since had an offer in a property accepted.

Due to this, we have contacted the landlord and explained this to him, he has said he's got no problem with us ending the contract early, but the details are left to the management company.

After giving them a verbal notice (early May), then written notice (Early June), they have come back to us saying that we're liable for the rent until November (unless they find and sign a replacement tenant). My problem with this is that there is no mention in the contract whatsoever of any kind of termination procedure. There is no reference to a re-letting charge (£200) nor the rent liability.

As I signed the contract without this detail, how can they enforce it? Am I not bound only to the words in the contact I signed?

What is to stop me from cancelling the standing order to them once we leave and forfeting the deposit? Is there any action they can take to reciver the rent?

I'd very much appreciate any help you can give as we're getting more and more anxious about this as there's no way we can afford both the rent and the more important mortgage.

Thanks guys,

Andy

[Aequitas]

If you have signed up for a fixed term that does not expire until November and there are no early termination rights you are liable for the rent until the fixed term expires. A fixed term cuts both ways - it binds not only the landlord, but also the tenant.

If you walk away the landlord can just sit back and keep demanding rent - he has no obligation to go looking for a new tenant. However, if you stop paying rent and no longer live in the property he can forfeit the tenancy and relet. As soon as he takes back control of the property your tenancy comes to an end and with it the liablity to pay rent. Your best way forward is to try and negotiate a release; if the landlord thinks he can relet quickly he may be tempted to accept, say, one month's rent. Other than that you have a choice of taking a risk or postponing your purchase.

[andyofengland]

Thanks for the reply.

If the landlord did keep on demanding rent, what courses of action can he undertake to get this, even though we will have vacated the property?

I think we're going to have to try and negotiate, although from past experience with the management company, this won't be easy as they seem to us to be a bunch of "jobsworth's".

I guess I'll have to start with the management company, then try the landlord himself to see if things are any better with him.

Thanks again,

[Aequitas]

Originally Posted by andyofengland

If the landlord did keep on demanding rent, what courses of action can he undertake to get this, even though we will have vacated the property?

He can sue.

[andyofengland]

Yikes!

I'll have to be as "nice as pie" when I speak to them then.

Thanks Aequitas.