Breaking tenancy early

[Diddums]

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

 

[Diddums]

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)

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.

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.

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.

 

[Diddums]

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.

Haven't viewed yet, no. Calling them tomorrow.

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

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.

Let me know when you’re in Chiswick. We could go for a pint

Sounds good