Six months into year long tenancy agreement - want to quit.

[MrBlack]

Hi

 

I'm six months into a year long tenancy agreememnt. I rent a two bedroom cottage. I have the sole use of it.

 

I was looking into the option of going into a housshare due to financial considerations as its a bit tight, to say the least, for me at the moment.

 

I had an opportunity to go into a houseshare in ten days and rang my landlady, asking if this was acceptable *and* offering compensation ( a whole months rent, even though I would have vacated the premises).

 

She wasn't amenable to that at all and was very firm in saying that I had to stick to the agreement. I specifically asked her if she would go down the legal route if I left anyway but she didnt give a clear answer on that and just reflected back that it was the 'agreement' we had that was most important.

 

So...if I left anyway, what sort of outcome could I expect? If she took me to court then what would happen? I can't afford to go through that process so if someone here told me she would be able to gain compensation (the next six months rent) legally then of course, I'll just sit it out and review my options come September.

[MrBlack]

Oh its not let through a letting agency either - its just a private agreement between me and the landlady. I can find no mention, in the contract I signed, of any compensation I would be elegible to pay if I cancelled the contract early. And as I say, I have offered her a full months rent anyway, even though I wouldnt be here.

[BRIGADIER2JCS]

There should be a clause re notice of

termination of the tenancy, if not and

there is no clause stating that the

tenacy cannot be terminated before

the 12 months is up, such a clause

would imo be restrictive and unfair.

[MrBlack]

Ah I found the clause.

3.5 - If the property is permanently vacated by the Tenant at the Tenants own request before the last day of the term, the Tenant shall remain liable to pay the landlord the full unpaid balance of the rent receivable by the landlord had this agreement run for the full term.

 

Ah well. Looks like I'm here until September then!

[Steve__M]

Your LL could hold you liable for the full six months of rent, plus bills for the property.

 

If she re-let it after you had gone then your liability would end (she may also be entitled to claim costs related to the reletting).

 

Your best bet is to negotiate, or ask on what terms you might be allowed to end the tenancy, perhaps to find a suitable tenant yourself?

 

While 1 month might sound reasonable, it can cost more than that to get in new tenants (eg. an agency may charge over half a month's rent, there is an empty period with no rent and with bills to pay (heating/council tax/water), and there may be cleaning and redecoration to do.

[mariner51]

You would also remain liable for the property as well as rent until end of fixed term or until a new T moved in if earlier. This may breach LL buildings ins requirement that property should not be unocupied by T for more than 21 days.

 

You could ask LL if she will permit you to take in a mutually acceptable lodger for remaining fixed term. You would be resp for lodger and whole of property. Offer to pay for reasonable checks and additional nec paperwork. ie start your own houseshare with LLs permission. You may be able to offset lodger rent you receive against the Govt Room to Let tax allowance, so you could offer some of this allowance as inc monthly rent?

Edited February 21, 2012 by mariner51

[R J Dearden]

Ask what the landlord's costs are in finding a new tenant. If reasonable offer to pay the cost on the basis that from the start date of the new tenancy your liability under your agreement ceases completely - ideally sign a surrender agreement. This way the landlord has a new tenant at no cost to them nor any void periods and does not have to pay the relet costs & voids which are coming up in Sept.