Hi guys,

I wanted to get some advice before I part with my money to my Landlord. I'm in 12 month contract, no break clause with 5 months left but I've just accepted a new job abroad at the end of this month. I contacted the LL with a months notice and explained I'd get someone to take over the tenancy but they're saying as I need to give 2 months notice, they will need two months rent (my deposit plus an extra month).

The LL is in the process of already getting a new tenant, probably giving them a fresh 12 months.

Is the LL correct in asking for 2 months rent?

In the agreement it states: If the agreement is not brought to end by either party on the above date, it will continue thereafter on a monthly basis until terminated by either party giving no less than 2 months notice. This is the only mention of '2 months' in my agreement.

Thanks for your time.

What's the ''above date''??

Is the above date the one year anniversary of the contract? Also known as the end date?

And what exactly is the no break clause?

Is the above date the one year anniversary of the contract? Also known as the end date?

 

And what exactly is the no break clause?

Is the above date the one year anniversary of the contract? Also known as the end date?

 

And what exactly is the no break clause?

Sorry guys, I meant 'There isn't a break clause'.

Date of tenancy 1st Sept 2017, ends on 31st Aug 2018. Emailed landlord March 1st 2018.

The LL is fine with the moving out, just wants all bills paid when leaving.

Private let or agency let.

As initially you say he wants the money but in last post you say he just wants all bills paid

...and if it’s a fixed term agreement he’s entitled to demand the rent right up to end date...

Private let or agency let.

 

As initially you say he wants the money but in last post you say he just wants all bills paid

All bills plus two months rent. It's a private let.

...and if it’s a fixed term agreement he’s entitled to demand the rent right up to end date...

I don't disagree. I'm not not going to pay, I'd just like to know if he is correct in asking for two months rent when someone will be taking over my room shortly.

Yes. He could alternatively ask for five months...

As above. youre in a fixed term tenancy and you want to end it early. He's actually doing you a favour by asking for less than he is legally entitled to.

Ok thanks people, you've answered my question.

Cheers.

I was under the impression that if you break a contract early and need to pay for the remainder, the LL cannot rent the unit to another tenant until the end of the payment period as he would then be unjustly enriching himself as he is taking in two rents for the same month. Likewise if he wants two months rent upfront he cannot lease the unit until the expiration of the two months in question. Maybe a call to CAB or a Housing Ombudsman may help.

I was under the impression that if you break a contract early and need to pay for the remainder, the LL cannot rent the unit to another tenant until the end of the payment period as he would then be unjustly enriching himself as he is taking in two rents for the same month. Likewise if he wants two months rent upfront he cannot lease the unit until the expiration of the two months in question. Maybe a call to CAB or a Housing Ombudsman may help.

The LL is under no obligation to accept the offer of surrender yet on this occasion has agreed to do so providing the tenant pays two months notice.

Whilst your impression is broadly correct, it is not that simple...

No the Tenant can serve valid NTQ until end of fixed tern, but the Tenant can offer early Surrender on Landlords terms.

The Landlord cannot benefit from 2 overlapping rents but it could be 2 months to find an acceptable replacement and occupies. I doubt OP would sue for a few days overlap

Landlord is doing the OP a favour IMO.

No T can serve valid NTQ until end of fixed tern, but T can offer early Surrender on LLs terms.

LL cannot benefit from 2 overlapping rents but it could be 2 months to find an acceptable replacement and occupies. I doubt OP would sue for a few days overlap

LL is doing the OP a favour IMO.

I'm most likely going to be doing viewings so the new tenant will probably be signing the tenancy whilst I'm still in the property.

I did always wonder how it worked when people say the LL can request for amount for ending early but then have someone else move in a few days later.

There are two options as far as I understand:

* You and the landlord do not come to an agreement and you leave early. In this case landlord is entitled to his losses. In this case these would be rent, bills and so forth till the end of the contract. If he re-lets the property he is entitled to rent, bills till the person moves in plus contribution to costs in advertising and so forth.

* You and the landlord come to an agreement. Then he is entitled to what is agreed whether he re-lets the property quickly or slowly. If you agree on 2 months rent then get it in writing.

Once again, thanks for the help.

I have one last question, as I’m now going to be paying 2 months rent, does this mean I could potentially stay up to that second month? My flights may be delayed for a week (moving abroad). I was going to get an air bnb but thought I’d ask here.

I’m guessing this may be down to the discression of the LL.

Thanks guys

I fail to see any reason why not?

I fail to see any reason why not?

I wasn't sure if me giving my notice meant that I'm now going to have to be out at that date, but technically I'm still paying rent and have given two months notice.

as long as you are out by the last dat then it is still yours until them. If LL askd you to go before that date then you ask for a refund or sit tight

...bear in mind that the LL may have intended a portion of your two months notice to go towards mitigating his reletting, advertising expenses, etc.... he could ask for more money if you choose to stay until the end date...

...bear in mind that the LL may have intended a portion of your two months notice to go towards mitigating his reletting, advertising expenses, etc.... he could ask for more money if you choose to stay until the end date...

Not unless it is clearly stated in the tenancy agreement, which I very much doubt.

Not unless it is clearly stated in the tenancy agreement, which I very much doubt.

The tenant is now trying to change the agreed terms of surrender from his fixed term...

The tenant is now trying to change the agreed terms of surrender from his fixed term...

Does it say that in the tenancy agreement or is this simply guessing?

Either way, unless or until the LL says otherwise, then there isn't any issue.