Breaking tenancy early

Diddums

Diddums

Diddums

Caporegime
Joined
24 Oct 2012
Posts
25,887
Location
Godalming
Need some advices pls!

Ok so a few facts first:

We're not that unhappy with the place we're in and the problems are perfectly manageable.

Our estate agents, like most, are bottom feeding scum who will do anything to make a quick buck.

According to our tenancy agreement, if we wish to break the tenancy early, we have to pay the rent until they find a new tenant.

We're paying considerably under market value for our place as we're good tenants and I tend to take care of most issues in the building.

So, on to the story.

We want to move. Reasons are that our commute has become ridiculous mainly, but we're also fed up with the neighbourhood which has gone downhill significantly since we moved in back in 2009. The flat is also riddled with leaks which have been ongoing for years and still aren't fixed. This is a problem in the whole block as this block was apparently built by Laurel and Hardy at 4pm on a Friday. It's causing some problems, mainly being damp issues and now we're getting to the point of having moss growing on the wall in our spare bedroom. To put it bluntly, this flat will need a complete refit and redecorating before it can be rented out again.

So, enough is enough. Our tenancy ends in January and we're all prepped to move out, but we've fallen in love with a place in Chiswick which won't be on the market for long so we want to act fast.

I was recently made redundant and my new job is less money so there's that angle too. We can still easily afford this place but I might be able to use that as leverage.

So, what's the deal here? I'm going to call our landlord tomorrow and see what her response is but I'd like to know what's possible in terms of breaking early with no costs.

My angle is that the place will need refurbing, we can't afford it anymore and the place is now unfit for purpose.

Obviously this is me just chancing my luck as we're perfectly happy to stay until January but as we want this new place I want to push.

Thoughts? Cheers :)
 
It sounds like you'll simply need to pay the rent until January (when the lease expires?) at which point the contract is finished...

The only other thing I was going to ask - I assume you're not on a rolling month by month tenancy now? (as in, you're still within the original 12 month lease OR you've renewed the contract?)

Reason I ask, is that under a lot of tenancy contracts after the initial 12 month lease is up, you can continue on a rolling monthly contract and give a months notice at any point.. (but I'd assume you'd have checked this)
 
Two months rent is nothing in the grand scheme of things. You've saved that in not having to pay stamp duty. Just get on with getting out of rental asap and start saving your money as opposed to paying somebody else's mortgage.
 
Screeeech said:
It sounds like you'll simply need to pay the rent until January (when the lease expires?) at which point the contract is finished...

The only other thing I was going to ask - I assume you're not on a rolling month by month tenancy now? (as in, you're still within the original 12 month lease OR you've renewed the contract?)

Reason I ask, is that under a lot of tenancy contracts after the initial 12 month lease is up, you can continue on a rolling monthly contract and give a months notice at any point.. (but I'd assume you'd have checked this)
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We've always had 12 month agreements sadly. The estate agents have somehow convinced our landlord that this is the way to do things so every year we ask the question and end up signing for a year.

norm said:
Two months rent is nothing in the grand scheme of things. You've saved that in not having to pay stamp duty. Just get on with getting out of rental asap and start saving your money as opposed to paying somebody else's mortgage.
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We'll be renting the new place too unfortunately. We'll be buying in the next couple of years but we're still deciding which country.
 
norm said:
Two months rent is nothing in the grand scheme of things. You've saved that in not having to pay stamp duty. Just get on with getting out of rental asap and start saving your money as opposed to paying somebody else's mortgage.
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I thought he meant he would be renting again when he moved from the sounds of it.

If you can talk directly to the landlord and on good personal terms you may be able to give 30 days or so notice but really you aren't going to be saving yourself much and likely if you are contracted till then, you'll end up having to pay until then.

Just try and get the latest possible move-in date for the next place IMO.
 
There isn’t much of an option not to pay, you signed a contract. If the landlord can line someone else up quickly they may agree to let you stop paying when the new person moves in. Don’t count on it though.

Edit - what does your tenancy agreement say?
 
norm said:
Two months rent is nothing in the grand scheme of things. You've saved that in not having to pay stamp duty. Just get on with getting out of rental asap and start saving your money as opposed to paying somebody else's mortgage.
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I don't think he said the new place was a purchase, could just be another rental?

Even if buying, doing so by January would be tough right now (lockdown being one factor).

OP - if you want the new place and you're willing to pay the extra rent on the old one until end of contract, then forge ahead. They might let you out early if they want to redecorate before renting out to someone else.
 
Have you viewed the new place yet?

Assuming they accept your offer to rent and process an application, this could still take until the end of November. There may already be tenants in who are serving their notice.
 
Diddums said:
. . . damp issues and now we're getting to the point of having moss growing on the wall in our spare bedroom. To put it bluntly, this flat will need a complete refit and redecorating before it can be rented out again. . . .
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I hate to be the bearer of bad news but you may find that your Landlord / the Agent accuses you of allowing damp to build up and withholds some or all of your deposit - I have known this to happen and be supported by a Deposit Protection Scheme . . . your Deposit IS protected as legally required I take it - if not, the Landlord may have problems - and you may have options :)
 
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COYS said:
Have you viewed the new place yet?

Assuming they accept your offer to rent and process an application, this could still take until the end of November. There may already be tenants in who are serving their notice.
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Haven't viewed yet, no. Calling them tomorrow.

stockhausen said:
I hate to be the bearer of bad news but you may find that your Landlord / the Agent accuses you of allowing damp to build up and withholds some or all of your deposit - I have known this to happen and be supported by the Deposit Protection Society . . . your Deposit IS protected as legally required I take it - if not, the Landlord may have problems - and you may have options :)
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This damp is well documented and has been ongoing for years, it's their incompetence and laziness which has let it get this far. We've sent them photos and everything.

dirtychinchilla said:
Let me know when you’re in Chiswick. We could go for a pint
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Sounds good :)
 
If you like the new place take it but see if they are amenable to starting in January 2021. It will take a month for them to presumably clean it and get the paperwork / deposit sorted out anyway. At worst you might have to eat a double month if they insist on you taking it from December.

Flutter your eye lids at them and show some knee.
 
I'd leave it if it's only 2 months. It's nothing.

I did my graduate management training at Sainsbury's Chiswick starting in '95 which is of interest to absolutely no one but there you go :)
 
You'd have to give one month notice anyway even if not in the contract anymore. At what point does that notice take effect etc.. does your tenancy period run from the start of the month to the end? You're already into November now, suppose you were able to get the new place and and get to sign contracts in say a week or so... well 1 month notice from that point could mean end of December anyway... so no issue? Or if it is some mid month to mid month period - you mention into January? Then you're talking about an extra Month on top of what you'd otherwise have to pay if you were no longer in the 1 year contract period and were just paying month to month (assuming you bag the new place before the start of the next period)?

I don't think it's necessarily a big deal to risk having to pay rent for 1 month extra tbh...
 
chaparral said:
Guessing 2 months rent going between 2k to 3k which would be much better in the OP bank then someone else's
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Not if you want to secure another property you have your heart set on. Dithering around trying to get the timing of both to match perfectly could end up costing the OP more in wasted time and finding another property at the same price.

Let's be under no illusion either, renting is all geared towards enriching the landlord, the moment you sign the tenancy agreement your money is on the line.
 
I reckon your best bet would be to play up the building maintenance / damp issues. Unfortunately I think the standard for 'unliveable' is actually pretty appallingly low though (as a student had some friends who got a council officer to inspect their place when it became apparent there were major problems with water leaks, damp, and mould that had been painted over when they viewed it, along with other general poor maintenance, council officer said while the conditions could cause poor health it wasn't bad enough for them to claim breach of contract in providing somewhere to live / do any kind of enforcement). Therefore doubt you'll be able to force the issue if push comes to shove, but there's always a chance I suppose.
 
I think you have to at least prepare yourself for the worst outcome which is being held to your tenancy agreement and having to pay your rent until January.

If your landlord is feeling lenient they may be happy to accept early surrender of the tenancy, especially if as you say the flat needs an entire makeover. If the landlord waits until you've vacated in January, it could be a couple of months of work which then results in zero income, so they lose out either way.
 
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