What reaction and resolution can I expect when asking to be released from a one year UK tenancy agreement early?
February 26, 2010 3:14 AM Subscribe
What reaction and resolution can I expect when asking to be released from a one year UK tenancy agreement early?
In December my partner and I signed a year-long tenancy contract renewing the agreement we have had for the past two years with our landlord.
I believe it is a standard house let contract although there seems to be no clause in it to allow us to terminate early.
However, my partner has been offered and accepted his dream job which is based too far away to commute.
We have a good working relationship with our landlord. We have only asked him to sort out two issues (both to do with the fencing in the garden which he sorted in a timely manner) and he even thanked us for removing the overgrown bush and ivy from his garden and replanting grass to turn the garden into something useable.
However, where do I stand with asking him to let us move out early? I am looking for personal experience as much as anything. My partner has to give 3 month's notice, so I do not expect to move out for 2 and half months.
In December my partner and I signed a year-long tenancy contract renewing the agreement we have had for the past two years with our landlord.
I believe it is a standard house let contract although there seems to be no clause in it to allow us to terminate early.
However, my partner has been offered and accepted his dream job which is based too far away to commute.
We have a good working relationship with our landlord. We have only asked him to sort out two issues (both to do with the fencing in the garden which he sorted in a timely manner) and he even thanked us for removing the overgrown bush and ivy from his garden and replanting grass to turn the garden into something useable.
However, where do I stand with asking him to let us move out early? I am looking for personal experience as much as anything. My partner has to give 3 month's notice, so I do not expect to move out for 2 and half months.
He's within his rights to ask you to pay the rent until the end of the tenancy.
If he can get new tenants in, then he'd be an ass if he bothered chasing you about it. It might help you to assure him that you'll keep the house pristine for viewings and perhaps make an effort to find new tenants yourself.
If he doesn't manage to get new tenants in, he may well ask you to pay the rest of the rent until the end of the tenancy, or at least a part of it. You can always try to negotiate, since it's easier for him if you pay up voluntarily rather than having to chase you through the courts for it. Presumably the whole reason why he has you on a year's contract is that he wants
posted by emilyw at 3:38 AM on February 26, 2010
If he can get new tenants in, then he'd be an ass if he bothered chasing you about it. It might help you to assure him that you'll keep the house pristine for viewings and perhaps make an effort to find new tenants yourself.
If he doesn't manage to get new tenants in, he may well ask you to pay the rest of the rent until the end of the tenancy, or at least a part of it. You can always try to negotiate, since it's easier for him if you pay up voluntarily rather than having to chase you through the courts for it. Presumably the whole reason why he has you on a year's contract is that he wants
posted by emilyw at 3:38 AM on February 26, 2010
(excuse me)
... he wants some protection against the sudden loss of income when a tenant decides to move out at short notice.
posted by emilyw at 3:39 AM on February 26, 2010
... he wants some protection against the sudden loss of income when a tenant decides to move out at short notice.
posted by emilyw at 3:39 AM on February 26, 2010
Response by poster: To clarify, the property is managed by him but was advertised from a Letting Agent. I would imagine that he would go that route again, though I will put the word around.
I imagine this happens fairly often, does anyone have any experience of this, good or bad?
posted by Nufkin at 4:14 AM on February 26, 2010
I imagine this happens fairly often, does anyone have any experience of this, good or bad?
posted by Nufkin at 4:14 AM on February 26, 2010
I did this. I offered to find someone to move in, which I did. I didn't lose my deposit or have to pay any rent after I moved out. I had lived there for ~18 months, and had 6 months to go on my second year contract. It was all done on a handshake, and depends entirely on your relationship with the landlord. Assuming you have been in direct contact with them about maintenance rather than going through the agency, I would certainly speak to them first, rather than the letting agency.
posted by caek at 4:42 AM on February 26, 2010
posted by caek at 4:42 AM on February 26, 2010
If you are on an "Assured Shorthold Tenancy Agreement" like most people paying less than £2000 a month are, then:
1 - you are liable for the agreed rent up until either the end of your contract or the end of the period of notice set out in the contract (a 'break clause') after you give notice to leave, whichever is the sooner. You may not have a break clause, but I've no idea why you didn't ask for one.
2 - there's no reason that the landlord has to enforce this, so if there's mutual agreement for you to leave, you can. Effectively this means that the landlord will need to find another tenant, of course.
These types of tenancies roll over if neither party gives notice to quit. That means they are assumed to continue at the same terms as the first time. You say you *signed* a new contract. Some landlords send out an informal notice that the tenancy agreement will roll over as neither you nor they want to stop it. This can sometimes be quite a legal-looking document, but the tenancy continues in the original terms. It also wouldn't contain a break clause, but there could be one in the original contract, so make sure you go back and look.
If you signed a new contract this time, which is quote common, then you'll have to abide by its terms, and hope the landlord can replace you shortly.
IANAL.
OAL.
RAFHT.
posted by cromagnon at 5:01 AM on February 26, 2010 [1 favorite]
1 - you are liable for the agreed rent up until either the end of your contract or the end of the period of notice set out in the contract (a 'break clause') after you give notice to leave, whichever is the sooner. You may not have a break clause, but I've no idea why you didn't ask for one.
2 - there's no reason that the landlord has to enforce this, so if there's mutual agreement for you to leave, you can. Effectively this means that the landlord will need to find another tenant, of course.
These types of tenancies roll over if neither party gives notice to quit. That means they are assumed to continue at the same terms as the first time. You say you *signed* a new contract. Some landlords send out an informal notice that the tenancy agreement will roll over as neither you nor they want to stop it. This can sometimes be quite a legal-looking document, but the tenancy continues in the original terms. It also wouldn't contain a break clause, but there could be one in the original contract, so make sure you go back and look.
If you signed a new contract this time, which is quote common, then you'll have to abide by its terms, and hope the landlord can replace you shortly.
IANAL.
OAL.
RAFHT.
posted by cromagnon at 5:01 AM on February 26, 2010 [1 favorite]
I did this and it was fine. Your landlord may want to enforce his contract, or may want to ensure his potential losses are covered or alternatively if the letting market is good and he can get a higher rent when you go it might not be such a problem - as was the case with me.
Ask him, be straight up and see what his reaction is. With enough notice, most of his problems go away. Prepare to be flexible on when you move out and be prepared to grease the wheels a little as he may well some fixed costs (conducting an inventory, checking the property, finder's fee for new tenants).
posted by MuffinMan at 5:11 AM on February 26, 2010
Ask him, be straight up and see what his reaction is. With enough notice, most of his problems go away. Prepare to be flexible on when you move out and be prepared to grease the wheels a little as he may well some fixed costs (conducting an inventory, checking the property, finder's fee for new tenants).
posted by MuffinMan at 5:11 AM on February 26, 2010
This is not legal advice.
From a commercial point of view, to sweeten the deal with your landlord, I suggest that you offer to pay his letting agency fees for sourcing new tenants to replace you early but otherwise, you're on the hook for the full rent for the term of the contract.
posted by dmt at 7:46 AM on February 26, 2010
From a commercial point of view, to sweeten the deal with your landlord, I suggest that you offer to pay his letting agency fees for sourcing new tenants to replace you early but otherwise, you're on the hook for the full rent for the term of the contract.
posted by dmt at 7:46 AM on February 26, 2010
Response by poster: Thanks for all of your advice. I spoke to him over the weekend and after the initial shock on his part he has agreed to readvertise the property as 'available from' a mutually agreed date.
Now all I need to do is find somewhere to move to.
Thanks again.
posted by Nufkin at 4:28 AM on March 1, 2010
Now all I need to do is find somewhere to move to.
Thanks again.
posted by Nufkin at 4:28 AM on March 1, 2010
This thread is closed to new comments.
Three months is a good long time. Your landlord will obviously be more likely to agree to end the contract early if you're giving him three months' notice than if you leave it until the last month. An empty house is more at risk from damp, from vandalism, and from burgulary; your landlord would rather have it occupied by someone who will look after it.
If you can do some of the legwork in finding a new tenant (put the message out to friends and colleagues) you may be able to sweeten the deal.
Ultimately though, it's down to your relationship with your landlord.
posted by le morte de bea arthur at 3:37 AM on February 26, 2010 [1 favorite]