Leaving before a fixed term ends

[Kallick]

Hi,

The title may be a bit misleading but let me explain:

We signed for a 6 month rental agreement with the option to renew for another 6 months and so on.

However as we know someone who knows the owner of the property we heard that the family were returning home early from living abroad. My partner telephoned the agency to ask if they had heard anything, and lo and behold they were going to let us know that week.

As we knew we would have to leave we started looking for a new place as they are hard to come by in the area we want for our children to go to school etc. We've now found somewhere and as per our telephone call we were assured that as long the owner agreed we could leave before the 6 months had run its course.

Now, after another call to the agency to check a few things, the new lady answering the call was not aware that we could leave early and has stated we would have to honour our 6 months (which would be until the 26th August). the new house will probably not wait so potentially , we could be renting two places.

So the question in a nutshell is: can we leave early considering we've been given notice and the owner will be moving back in with his family? (Which by the way they still haven't had the notice in writing yet, purely just via the phone).

Actually my partner has just been re-reading the contract and either party must give 2 months notice. We've passed the 2 month date on the 26th June. Does that mean if we weren't moving we could still live here over the 6 months because they hadn't given notice correctly in time or would the contract take precedence and we would have to leave on the 6 months regardless?

Phew, thanks for the time taken to read this all.

[Esio Trot]

Originally Posted by Kallick

So the question in a nutshell is: can we leave early considering we've been given notice and the owner will be moving back in with his family? (Which by the way they still haven't had the notice in writing yet, purely just via the phone).

Actually my partner has just been re-reading the contract and either party must give 2 months notice. We've passed the 2 month date on the 26th June. Does that mean if we weren't moving we could still live here over the 6 months because they hadn't given notice correctly in time or would the contract take precedence and we would have to leave on the 6 months regardless?

If notice isn't in writing, how can you prove it was given?

The contract cannot override statute. The Protection from Eviction Act 1977 says that a tenant must give notice to end on a rent day or the day before, and that this must be done at least 4 weeks beforehand.

The Housing Act 1988 says that landlords using a s21 notice must give a minimum of two months notice.

Incidentally, the PfE Act also lays the same rules on a landlord as a tenant written above, it has always seemed to me that there is a conflict of law here, but I've never heard of a landlord being successful if serving notice under the PfE Act.

[MrShed]

The only way this contract can be ended early is through mutual agreement - which you will need to get in writing.

[raydetinu]

If they want the place back early, i.e. before 26th August then you can negotiate that and you could ask for money to vacate early! or they would have to rent somewhere else? also you would not have to leave after the 26th August without due notice and eventually an eviction order!
So you have the upper hand at the moment. get agreement to leaving early in writing and any compensation etc. or you will be liable for rent up to the 26th August, I think!

[Kallick]

Thank you. I had assumed something similar.

We'll play nice as that normally works to everyone's advantage first.

The owner is actually coming round tomorrow to view the property (He's been away for a long time) so I'll try to have a quiet word with him.

Thanks again.