Cancellation of tenancy

[bitemarx]

Signed up for a rental house recently on a 6 month tenancy agreement.

However, I am unable to move because of issues with my current tenancy agreement which prevent me from moving.

 

I want to cancel it but can;t find anything on the tenancy agreement regarding cancellation.

 

Please advise.

[mantis shrimp]

It is unusual to find a tenancy agreement that can be cancelled.

[bitemarx]

You mean most tenancy agreements don't have a cancellation clause?

[unclebulgaria67]

If you have not agreed to a date to move in, then the tenancy has not started yet. So you need to withdraw from the agreement.

 

If there are no terms about withdrawing/cancelling, then you just let the landlord/agent that you are unable to proceed with the tenancy.

[bitemarx]

Date to move in was agreed but not moved in. 

Will email landlord and request end to tenancy. 

 

Just worried that he will take me to court for it. Want to be prepared if that's the likely outcome. 

[unclebulgaria67]

Without seeing what terms you agreed, difficult to say for sure.

 

If the start date to the tenancy has already passed, then up to you to negotiate withdrawal.  You may owe a sum related to the loss the landlord has suffered, as they will have incurred costs and face a period without rent while they search for a replacement tenant. And yes they could take you to Court related to loss, so be careful how you deal with this.

[stu007]

Hi

 

I agree with others comments.

 

The difficulty you now have is that you agreed a date and signed that New Tenancy Agreement for the other Rental Property and the issue with your present property is nothing to do with this New Rental Agreement that you have signed.

 

What you need to do is look fully at that New Rental Agreement for any Cancellation/Notice you must give but either way you need to contact that Landlord and try to negotiate to end that Tenancy Agreement and I an afraid their may be costs involved to do so as already pointed out from the Landlord having to find a New Tenant, loss of rental income, re-advertising the property so you need to be fully aware of this.

 

Negotiate with the Landlord is really your only option.

 

The issue with your present property that prevents you moving can you tell us more about this as you really should have been aware of this before signing that new agreement?
 

[bitemarx]

Landlord is adamant that I have to pay rent on the property although it isn't occupied by anyone.

I have not paid rent because I cannot afford it.

 

He has now found a tenant who has allegedly moved in today.

 

He is now demanding the outstanding rent for August and the letting fee (£780+VAT) for fiding the new tenants.

 

Any legal basis to this? Or is everything dependent on the agreement I have signed?

 

The agreement does not mention anything regarding me footing the bill for lettings agency.

 

The landlord is now inssiting that I pay the overdue rent and only then will he requestr release of the deposit from which he intends to take the lettings fee mentioned above. I have proposed that I can pay the overdue rent over 3 months as instalments since I cannot afford a full payment since Im paying on my present property. He refused this option.

 

Bit stuck for options other than raising a dispute with TDS and see how it plays out.

 

He has also threatened me with something calleed Section 8 notice which he said (in a very rasied voice) would affect my credit rating.

 

Any advice would be greatly appreciated.

Edited September 1, 2022 by bitemarx

[BazzaS]

A section 8 wouldn’t (of itself) affect your credit rating, and it is hard for him to evict you by a S.8

a) if he has moved another tenant in,

b) after you have already abandoned your tenancy.

 

What might affect your credit rating is if he had a period where the property was due to be let to you, you didn’t move in, and he had to find another tenant, and he wasn’t receiving rent until the new tenant moved in.

you’d likely be liable for the rent until the new tenant moved in (and depending on the terms of the tenancy agreement: possibly for the costs of re-letting)

 

After all, it isn’t the LL’s fault you didn’t move in (based on what you’ve said). Why should they be out of pocket?

(Though, your liability should end once the replacement tenancy starts: the LL can’t recover the rent twice!).

if the LL sued for that rent, and obtained a CCJ that then went on the register : that could hurt your credit rating.

Edited September 1, 2022 by BazzaS

[stu007]

Hi

 

I have to agree with the above post on a Section 8 especially and that is only if the Landlord has a new Tenant in that Property and you actually need to confirm this has happened.

 

You need to remember you signed that Tenancy Agreement with the Landlord and have only just told us that you paid a Deposit which the Landlord has protected in a TDS so the Landlord would have taken that property off the market due to this.

 

You will be liable for Rent from the Date on your Tenancy Agreement (until that supposed New Tenant moved in only),  Re Marketing the Property for a New Tenant, Admin Fees etc.

 

It is not the Landlords fault you could not move into their property and they can go after you for the above costs via court to get a CCJ

 

What the Landlord can't do is chase you for rent from when this supposed New Tenant moved into their Property as stated in the above post they can't recover rent twice.

 

You need to be 100% sure that a New Tenant has moved into that Property and the date they moved in.