UK Rental Early Termination
June 21, 2011 11:55 PM Subscribe
UK Tenancy Law and Termination of Lease: My landlord (privately let) has given me notice (in writing) to reclaim possession of the flat. They have given the required period of at least 2 whole months. But I want to move out earlier - do I have to pay the full 2 months?
They have requested handover on 20 August but I'm out of the country on holiday for most of August. So I want to sort it out in July.
other details:
- London
- I signed a 6 month lease about 3 1/2 years ago and nothing in writing since.
- I pay rent Monthly on the 20th.
- Generally have a reasonable relationship with the landlord.
- I've mentioned this to them and they said something about asking their lawyer.
- The rental agreement I signed was some stock off the internet one 3-1/2 that the owner downloaded.
- I really don't want to be paying rent on two properties for all of august.
They have requested handover on 20 August but I'm out of the country on holiday for most of August. So I want to sort it out in July.
other details:
- London
- I signed a 6 month lease about 3 1/2 years ago and nothing in writing since.
- I pay rent Monthly on the 20th.
- Generally have a reasonable relationship with the landlord.
- I've mentioned this to them and they said something about asking their lawyer.
- The rental agreement I signed was some stock off the internet one 3-1/2 that the owner downloaded.
- I really don't want to be paying rent on two properties for all of august.
I think you're SOL unless the landlord wants to be kind. You could have given notice to them by the 20th of June of your intention to move out on the 20th of July but you're past that deadline now. (on a month-by-month tenancy you have to give at least 1 months notice and it must bring the tenancy to an end at the end of a full rent period).
You could talk to someone at CAB but since the landlord wants to use the space himself you don't have much in the way of bargaining chips (like offering to find new tenants)
If you're going to be out of the country for most of august can you couch-surf/stay with friends or relatives and put your stuff in storage for the parts of august where you are in the country?
posted by missmagenta at 12:22 AM on June 22, 2011
You could talk to someone at CAB but since the landlord wants to use the space himself you don't have much in the way of bargaining chips (like offering to find new tenants)
If you're going to be out of the country for most of august can you couch-surf/stay with friends or relatives and put your stuff in storage for the parts of august where you are in the country?
posted by missmagenta at 12:22 AM on June 22, 2011
Response by poster: argh.. so I emailed them on the 15th or so and said something about moving out in July and Pro-Rata-ing the rent if that was agreeable. As I didn't realise it was such a big deal about everything ending exactly on the Payment Date in the UK.
Missmagenta: yeah I have thought about that option. but.. that is rather undesireble as well. as
1. I have a lot of stuff. so storage is a pain and quite expensive anyway.
2. the thought of returning from a 24 hour flight from Australia and having to couchsurf for a few weeks and go to work and look for a new place on return is quite painful.
posted by mary8nne at 12:50 AM on June 22, 2011
Missmagenta: yeah I have thought about that option. but.. that is rather undesireble as well. as
1. I have a lot of stuff. so storage is a pain and quite expensive anyway.
2. the thought of returning from a 24 hour flight from Australia and having to couchsurf for a few weeks and go to work and look for a new place on return is quite painful.
posted by mary8nne at 12:50 AM on June 22, 2011
IANAL. Here's a page from the shelter website about ending a lease. Looks like you can give a month's notice unless your landlord is feeling nice, which they may well be if they'd like to get in earlier too.
posted by kg at 1:07 AM on June 22, 2011
posted by kg at 1:07 AM on June 22, 2011
Check with CAB or a lawyer but your email on the 15th *might* be considered written notice.
posted by missmagenta at 1:21 AM on June 22, 2011
posted by missmagenta at 1:21 AM on June 22, 2011
argh.. so I emailed them on the 15th or so and said something about moving out in July and Pro-Rata-ing the rent if that was agreeable.
Did they respond to that all other than to mention talking with their lawyer? And what exactly was it you said? Like missmagenta said, it might actually be considered written notice to quit, especially if you mentioned leaving by the 20th of July specifically.
If not, it's worth suggesting again that you make arrangements to terminate the lease before the 2 months are up. They might well want to get started on moving sooner, after all - and even if you get stuck with 2 weeks of overlapping rent, it's still better than a whole month.
posted by Catseye at 1:33 AM on June 22, 2011
Did they respond to that all other than to mention talking with their lawyer? And what exactly was it you said? Like missmagenta said, it might actually be considered written notice to quit, especially if you mentioned leaving by the 20th of July specifically.
If not, it's worth suggesting again that you make arrangements to terminate the lease before the 2 months are up. They might well want to get started on moving sooner, after all - and even if you get stuck with 2 weeks of overlapping rent, it's still better than a whole month.
posted by Catseye at 1:33 AM on June 22, 2011
You could always chance it and give them written notice today that you intend to move out on the 20th of July - see what they say? Depending on how much a month's rent it, it may not be worth it to them to quibble over 2 days - especially if they get to move in earlier.
posted by missmagenta at 1:35 AM on June 22, 2011
posted by missmagenta at 1:35 AM on June 22, 2011
Response by poster: On the 15th June I said something about moving out he 30th of July (not the 20th) as I didn't realize it mattered if it was synchronized with the end of the rental payment.
posted by mary8nne at 1:44 AM on June 22, 2011
posted by mary8nne at 1:44 AM on June 22, 2011
Response by poster: Thinking about it more - it seems that the Owner may have specifically waited till yesterday (the 21st) to respond to my email of the 15th - so as to remove the possibility of my bringing forward the leaving date to the 20th July. (which is perhaps inconvenient for them).
hmm... sneaky.
How do i play that now? I think I'm screwed. they techincally could force me to pay up till August 20th.
posted by mary8nne at 1:51 AM on June 22, 2011
hmm... sneaky.
How do i play that now? I think I'm screwed. they techincally could force me to pay up till August 20th.
posted by mary8nne at 1:51 AM on June 22, 2011
what did they say in their reply? If they did intentionally wait until it was too late for you to give 30 days notice then I'd say they intend to make you pay until August 20th. I'd take all your emails to and from them down to your local Citizens advice bureau and see what they say but I think you're probably out of luck - your only hope really is that email on the 15th.
If they were reasonable people I suggest talking to them and explaining that you wont be able to move out of the August 20th because you're on holiday and you can't afford to pay rent on 2 places so either July 20th or September 20th would be better for you. Remember, you can make things very difficult for them if you don't vacate their property. Just because they've served noticed doesn't mean they can evict you on the 20th of August, if you don't leave on that date they need to apply for a court order which can take a couple of months which should give you time to find a new place. Obviously you don't really want to go down that route, especially if you need a reference from them but really, it is in their best interests to come to an arrangement with you.
When do you get back from your holiday?
posted by missmagenta at 2:26 AM on June 22, 2011
If they were reasonable people I suggest talking to them and explaining that you wont be able to move out of the August 20th because you're on holiday and you can't afford to pay rent on 2 places so either July 20th or September 20th would be better for you. Remember, you can make things very difficult for them if you don't vacate their property. Just because they've served noticed doesn't mean they can evict you on the 20th of August, if you don't leave on that date they need to apply for a court order which can take a couple of months which should give you time to find a new place. Obviously you don't really want to go down that route, especially if you need a reference from them but really, it is in their best interests to come to an arrangement with you.
When do you get back from your holiday?
posted by missmagenta at 2:26 AM on June 22, 2011
Response by poster: Their issue is that they "can't afford to have the flat unoccupied for more than a week". but are moving back in dependent on timing of the sale of their other House.
So I've kinda matter-of-factly stated the above to the owners in email today with a request just for a firm date on which they will want me to pay rent uptil. If they do intend to push it till the 20 August I'll try and find somewhere to move into later in July. rather than 'now' which is when a lot of places seem available.
I don't get back from holiday until about the 27th August.
posted by mary8nne at 2:38 AM on June 22, 2011
So I've kinda matter-of-factly stated the above to the owners in email today with a request just for a firm date on which they will want me to pay rent uptil. If they do intend to push it till the 20 August I'll try and find somewhere to move into later in July. rather than 'now' which is when a lot of places seem available.
I don't get back from holiday until about the 27th August.
posted by mary8nne at 2:38 AM on June 22, 2011
Have you tried speaking to them directly? I would give them a call and tell them directly what you would like to propose and see what they say.
But make sure that you back it all up by sending them an email confirming the details of the conversation and request a reply to confirm their agreement.
posted by mairuzu at 9:47 AM on June 22, 2011
But make sure that you back it all up by sending them an email confirming the details of the conversation and request a reply to confirm their agreement.
posted by mairuzu at 9:47 AM on June 22, 2011
IANAL - Shelter or CAB will give good advice. However, I would expect that, in the absence of a longer contract you are probably simply on an assured shorthold tenancy. Most of the ones of these I have been on allow the tenant to terminate with one month's notice and the landlord with two. I would suggest writing to them, explaining you intend to terminate on the 30th July and will pay 1/3rd of the July rent for the period b/w 20th July and 30th July. Ask if they have any objection to that. If they don't you're sorted, if they do you're into witholding rent, arguing about security deposits etc, which is best done with proper advice!
posted by prentiz at 3:25 PM on June 22, 2011
posted by prentiz at 3:25 PM on June 22, 2011
Most of the ones of these I have been on allow the tenant to terminate with one month's notice and the landlord with two.
It's one month's notice, but that month has to be from the 20th to the 20th - OP can't just decide on an end date that's not the 20th unless the landlords are OK with that. But yeah, I'd still suggest calling them up and asking them. If they don't want the place empty but they haven't sold their other place yet, they're not in an ideal situation themselves.
posted by Catseye at 12:17 AM on June 23, 2011
It's one month's notice, but that month has to be from the 20th to the 20th - OP can't just decide on an end date that's not the 20th unless the landlords are OK with that. But yeah, I'd still suggest calling them up and asking them. If they don't want the place empty but they haven't sold their other place yet, they're not in an ideal situation themselves.
posted by Catseye at 12:17 AM on June 23, 2011
This thread is closed to new comments.
posted by Jehan at 12:17 AM on June 22, 2011