Just found out I'm pregnant after signing a 12 month tenancy agreement... How can I get out of it?

[Tarastara123]

Hi,

Sorry if this is a long story. I found out I was pregnant a week ago (approx 6 weeks), and I'm currently living in a third story flat (no lift in the building) in accommodation designed for young professionals. The tenancy agreement is set up from 18th June - 17th June... But, if worked out correctly, the baby is due on 13th February. Ideally, I want to break the lease in September and move in with my partner (he's renting separately and his contract ends then) but I can't possibly afford the rent on both, especially not with a baby on the way.

My landlord is slightly unpredictable to say the least. He was in financial difficulty before me and my housemate moved in to the flat over a year ago, and he's always been grateful to us for moving in. However, the estate agents are less then helpful.

My plan is to approach the estate agents and ask if there is any way that we could get the landlord to agree to end the tenancy early if I agree to pay the advertising costs of finding a new tenant. Does anyone have any experience of this? The flat I live in really isn't suitable for a baby.

I'd be grateful to hear any similar stories, both the successful and unsuccessful.

T x

[CrazyDuchess]

Does your contact have a 6 month break clause??

[Tarastara123]

This is the problem... Unfortunately not. We refused the break clause as we didn't want the landlord to have the opportunity of giving us notice :( obviously regretting this now so I'm unsure what to do. It's really stressing me out :(

[Tarastara123]

This is the problem... Unfortunately not. We refused the break clause as we didn't want the landlord to have the opportunity of giving us notice :( obviously regretting this now so I'm unsure what to do. It's really stressing me out :(

[Lj8893]

How is it so unsuitable for a baby? It may not be ideal but surely it can work for 4 months?

[VodkaValiumLattePlease]

Well you've signed a contract and refused the break clause so unless the landlord voluntary releases you, your stuck in the contract

[Tarastara123]

I'd never be able to get a pram up and down the stairs, and my housemate understandably doesn't want to live with a baby. Also, my partner wouldn't be able to move in and he's getting worried about missing the first few months of his child's life. I want the baby to have its own room and somewhere to put all of its things... Not be put in a corner in a Moses basket. Also, I've never seen a baby in this complex. A newborn would upset the neighbours and make it very difficult to live comfortably here :(

[HairyMoose]

What if you find someone else to take over your tenancy i.e. A friend etc. then you can tell the landlord that at least you have found someone new and he won't lose out. I've done this before and they've been really cool, in fact I even got my deposit back before I'd even left lol.

[Lj8893]

A baby should be in your room for first 6 months anyway so I wouldn't worry about it having its own room. And they don't have a lot of things really at such a young age. Lots of people live in one bedroom places with babies.

Use a sling and you won't have to worry about the pram (much easier anyway!)

I understand about your housemates and your partners worries though.

[CrazyDuchess]

I think your best bet would be to have a frank conversation with the landlord first and see what he is willing to do. But be prepared for being liable for the full 12 months!

You could rent somewhere else with your partner utility would then have to pay 2 lots of rent for 4 months??

[Glamorousglitter]

We had a similar situation, though we were lucky in that the landlord released us from the contract.
We covered the cost of getting new tenants. (Advertising EA and cleaning before moving out etc)

I think you have a few options.

1 get some legal advice, are you in the U.K.? We were in Ireland, and the advice we were given was that no matter what one year lease it was, after 6 months of tenancy you could give one months notice. Our Lease didn't have a 6 month break clause, but actually when it came to it it wouldn't have mattered as the law here is a bit grey (both for tenants rights and landlords rights) the landlord could have chased us for rent, but by the time the expense and hassle for the few months rent- it would have been easier for the landlord to just let us go and get paying tenants in. He knew this we knew this so he just let us go and we covered costs of getting new tenant.

Is your flat mate wanting to move ? Any chance you have a mutual friend that wants to take your place? If you can present it as a solution to your ll maybe that would work? pregnancy is tough going I wouldn't fancy climbing 3 flights of stairs in my third trimester, it ll keep you fit though I guess ! If you were finding it physically challenging I guess that would make the argument for moving out my
Other choice is to look at ways to make it work - can the buggy/ pram be left downstairs and the baby carried upstairs?

[Tarastara123]

Thanks so much for your suggestions. I think I need to go in to the estate agents and ask whether there is any way of doing but I just wanted to get others' views on it first. I'm petrified of things not going right. I'm sure there will be a way around all of this but I just want things to be perfect when the baby arrives. I guess it doesn't always work that way. It's the not knowing that's giving me anxiety but it's a bit too early in the pregnancy to ask.

[fuctifino]

Is your friend staying?
You could have your name taken off the tenancy, with the landlord's agreement and as long as your friend can demonstrably afford the rent.
My friend did this, so it is possible.

[PimmsIsMyDrinkOfChoice]

I would see if you and housemate can find someone to take over your part of tenancy, then approach landlord

[Tarastara123]

Thanks Glamorousglitter. Did you have a good relationship with your landlord before you asked him? I haven't spoken to mine all that much.

My housemate is looking for someone she'd be happy to live with instead of me but it's difficult to find someone that's gonna need to move in somewhere between September and Christmas. How much did it cost for you to get new tenants in? I'm guessing it will be cheaper than the remainder of my rent anyway. Thanks for all your help.

[KittensandKnitting]

If your going via a letting agent then they usually try to let it out to someone else, if successful they charge you a small % of the remaining months you don't live there as a fee mine also wanted to charge an admin fee.

[KittensandKnitting]

Oh your friend wants to stay, so simply find someone else get them added and you removed from the agreement - your be charged an admin fee, the new person will be charged the usual credit check fees :)

[Tarastara123]

My housemate doesn't particularly want to stay but I think if that's the only option then she'll do it for me. Obviously I don't want her to have to suffer due to this though so if we could both get out of it it would be preferable :/

[ppole27]

I work for an Estate Agents, from a personal experience we unlike many other high street agents are more considerate of changes in circumstances.

I know in our AST's we include a section stating something along the lines off if the tenant does not compete the duration of the lease they agreed to give two months notice and pay the landlords re let fee (which is usually no more than £300)

It is difficult to say without seeing your contract but usually there's always some kind of loophole to help you get out of contact.

If all fails just be honest with the agent and say I cannot afford the rent and wouldn't want to fall into arrears and the landlord be at a financial loss.

If they are difficult take your lease to citizens advice.