Ending an 'Assured Shorthold Tenancy' Early

Hi guys,

Me and my partner currently live in a rented 4 bed farm house. It sounds ace but long story short the landlord doesn't really like to do anything. The wooden window frames (or windows) don't fit, and dispite him sending several carpenters over (rather than getting UPVC fitted) they still leak. The metal framed windows downstairs are all cracked and he won't replace. We reported that the back door was rotting, that a roof tile is missing and a number of other bits - but still no action.

Long story short, we now want out.

We've found a lovely house in a nearby town, the rent is equal to what we currently pay, but it's new build, managed, and an absolute palace compared to our current gaff.

We've budgeted for the fact that if we decide to leave early (10/12/09) that we would have to pay the final rent due here (06/01/10) as our current tenancy doesn't end until 06/02/10.

I've looked through our contract and cannot specifically locate a 'break-clause' but I was wondering if any letting experts can tell me if there is a way out? I'm not expecting to be able to do so on the back of the problems listed above, but more on the type of tenancy I have.

Would anyone be able to advise on what we can/cannot do, given the following?

The top of our contract reads ASSURED SHORTHOLD TENANCY AGREEMENT

Section 1.6 'Term' states:

1.6.1 The term shall be from and including 06 Aug 2009 to and including 05 Feb 2010.

1.6.2 The 'Term' is to include a statutory periodic tenancy or any contractual periodic tenancy that is defined in para 1.6.1 as following the fixed term

1.6.3 Of on the coming to the end of the fixed term agreed above, the Landlord does not seek possession and the Tenant remains in the property, they will be considered. by virtue of section 5 of the Housing Act 1988, to have a statutory periodic tenancy. This will continue till ended by either party

Any help would be hugely appreciated

Read through the contract, there should be a section about ending the agreement.

You will probably have to pay an early cancellation fee as well as the final rent.

I would have thought that if I was paying the final rent, then said agreement wouldn't be ending early?

The serving notices section simply states that I must give one months notice if I intend to vacate at the end of the fixed term. If the tenancy is periodic, I must give one months notice to expire the day before the next rent due date.

My tenancy aggreement says I can leave after 4 months of the contract, but says nothing about any fees, so I'm in a similar situation really

We have just tried to finish our tenancy early, because we bought a house.
Long story short we are having to pay our rent until the end of the term (and our mortgage) - and the letting agent is using the 2 and a half months the flat is 'empty' to redecorate and show new tennants round.
I am so cross that our agreement wasn't explained to us well enough when we took it on (we were led to believe we would just have to pay to remarket the property (~£450 + costs) if we wanted to leave early - and the landlord agreed) and we've ended up having to fork out all this extra 'wasted' money! Add to that - we can't get our deposit back until the 'end of the tenancy' even though at that point, no one except people affiliated with the letting agents will have been in their for almost 3 months!
People shouldn't have to ask these sorts of questions, it should be in plain english on the rental agreement, aurgh!
I hope you have better luck than we did!

It was a question I asked a letting agent not more than a month ago.
They said that I had to stay there a minimum of 6 months and didn't make it clear at all about fees payable should I be leaving early. Asked twice too!!
Consequently I am not in a rented property as I felt both companies I approached were a shower of ****.

goldilocks said:

We have just tried to finish our tenancy early, because we bought a house.
Long story short we are having to pay our rent until the end of the term (and our mortgage) - and the letting agent is using the 2 and a half months the flat is 'empty' to redecorate and show new tennants round.
I am so cross that our agreement wasn't explained to us well enough when we took it on (we were led to believe we would just have to pay to remarket the property (~£450 + costs) if we wanted to leave early - and the landlord agreed) and we've ended up having to fork out all this extra 'wasted' money! Add to that - we can't get our deposit back until the 'end of the tenancy' even though at that point, no one except people affiliated with the letting agents will have been in their for almost 3 months!
People shouldn't have to ask these sorts of questions, it should be in plain english on the rental agreement, aurgh!
I hope you have better luck than we did!

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don't let them then, keep living in the rented accomodation until your move out date.

If the property isn't maintained to a suitable standard you have cause for complaint. I wouldn't count not fitting upvc windows as this but would carpenters failing to rectify the problem with the wooden frames.

Best thing to do is talk to your landlord amicably. Don't go in blazing with all the problems unless you absolutely have to and don't mind having to pay out the full tenancy if they take it badly. Presumably they have your deposit?

if no break clause is mentioned in the contract there isnt one, every first page of an AST mentions break clauses, you should be able to pay a 're-let' fee where they put the property back on the market but you are obliged to pay rent for any month its left empty up till your final date on the contract

Is your deposit kept in a secure scheme, you could easily get out of the agreement if it isn't and get 3x your deposit back. (This only works if the landlord doesn't live at the house with you).

It may be worth mentioning that we are are currently 4 months into our 2nd 6 month contract. We moved in as 3 people sharing, and after 6 months one person left. The two of us then signed a new 6 month agreement.

Doesn't seem like letting agents/landlords like being clear over these things, do they

Sirrel Squirrel said:

Is your deposit kept in a secure scheme, you could easily get out of the agreement if it isn't and get 3x your deposit back. (This only works if the landlord doesn't live at the house with you).

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It's in a scheme, thankfully (in one sense)

finga said:

if no break clause is mentioned in the contract there isnt one, every first page of an AST mentions break clauses, you should be able to pay a 're-let' fee where they put the property back on the market but you are obliged to pay rent for any month its left empty up till your final date on the contract

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Can't see anything, so I'll assume there isn't such a clause. Thanks

Did you sign another 6 month AST? I used to work for a family who let property. AFAIK when the 6 month period was up your not under any obligation to sign another contract.

Hmmm were you 'forced' too due to change of names on the tenancy?

capriboy1978 said:

Did you sign another 6 month AST? I used to work for a family who let property. AFAIK when the 6 month period was up your not under any obligation to sign another contract.

Hmmm were you 'forced' too due to change of names on the tenancy?

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Yes, it was explained this was needed. They also reduced the rent from £850 to £600. Not sure if that makes a difference.

It was never offered to stay of periodically, with the new amount of rent.

Thanks for the help so far folks, appreciated

Contact shelter, also you can find someone else to take the rest of your contract. Remember the contract is with your landlord and not the agency, so when it comes to things like this dont even bother to speak to the EA go str8 to the landlord.
Remember EAs are scum...