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to consider breaking the tenancy agreement?

(57 Posts)
ScaredBUTstrong Mon 13-Jul-15 13:51:24

Hi, please don't shoot me down, feeling really shit as it is
We moved here in January after last landlord sold up and it's been hell ever since.
Started with parking issues then went to noise from the kids ( aged 5 and 3 ) and recently has become a race problem in that we have heard them in their garden / neighbours have told us that the issue they have is that my husband is black.
I don't think I can handle another 6 months of trying to avoid them so that they don't start on me about something else, or feeling like every time the kids make a noise they're going to complain again.
Our tenancy doesn't have a break clause and although I have emailed our estate agent ( last month ) asking if the landlord has any other properties instead ( they are all occupied ) what actually happens if I find somewhere else and give a months notice in august instead of December for instance?
From what I've managed to google we would be liable for the rent in the event that she didn't manage to re let the property but if she did what do we have to pay for, the agents costs of re letting I presume although no indication anywhere of what that would be.

CakeLady1 Mon 13-Jul-15 13:56:23

The majority of let's are 6 months, are you sure youre is 12?

Ouchmybloodythumb Mon 13-Jul-15 13:56:45

It sounds like your neighbours are twats. Is there no way you can ignore?

If your kids are noisy enough then the neighbours should gather proof and take the matter to the council. However, I suspect they probably aren't noisy enough

If your neighbours are making comments that can be heard about your husband being black, record it on your phone and take it to the police as a hate crime/victimisation.

Sorry you're having a shit time.

Incidentally, me and DH also had an issue with some of our ex-neighbours who didn't like that my husband was black. We had great fun winding them up very petty

ScaredBUTstrong Mon 13-Jul-15 13:59:10

No this is 100% 12 months
It's actually what attracted us as with 2 young kids moving is a pain in the arse
The kids aren't noisy unless waking in the night when unwell and when playing in the garden.
They generally sleep from 7.30pm-7am and we both work a lot and on days off take the kids out so are really only ever even home past 4pm and no parties or anything like that.
Feeling this shit for another 6 months seems a big ask.

Pippa12 Mon 13-Jul-15 14:00:06

That is absoloutly awful for you and your husband. Does the landlord know the reasons behind you wanting to move? Perhaps you could come to a agreement? You should under no circumstances be pushed out of your home because of racial abuse, but in your situation I would feel the same.

Flowerfae Mon 13-Jul-15 14:00:50

they sound right charmers! (not) but as you've already spoken to your landlord about it will they give you a good reference for moving to somewhere else if you move now?

ScaredBUTstrong Mon 13-Jul-15 14:04:11

I didn't mention why to the landlord before I just emailed the agent ( have never met the landlord ) and said that my son has been given a school the other side of town ( true ) so if the landlord has anything else please let us know.
In fact that has made it worse as now they may think we are just moving to avoid the school drive :-(

hibbledibble Mon 13-Jul-15 14:44:15

Is the landlord sympathetic? Maybe you could explain your situation to him and come up with a mutually agreeable solution?

If the neighbours conduct is amounting to harassment you could try contacting the police (but you havent given many details, so I don't know if it is).

Otherwise just ignore them, stay polite but distant.

If you move out before the tenancy ends without the agreement of the landlord then you would usually be liable for the rent till the end of the contract.

ScaredBUTstrong Mon 13-Jul-15 16:28:22

Have never met the landlord as all done through an agent which makes it that bit harder.
Have spoken to citizens advice and apparently you're only liable for full term of rent if the property isn't re let however to stand in court the landlord would need to prove the efforts they made to try and find new tenants.

Handsoffmysweets Mon 13-Jul-15 18:23:49

What time do you allow your children to play in the garden OP? Anything before 9am is unreasonable imo and if they are shrieking and screaming you need to put a stop to it.

chickenfuckingpox Mon 13-Jul-15 18:29:30

they are 5 and 3 not 15/13 ffs

for a race issue i would contact the police and the landlord directly its illegal

ScaredBUTstrong Mon 13-Jul-15 23:30:48

Never before 10am and on the of occasion they have got up before 7am I bring them straight downstairs to the living room so as to not wake up neighbours on either side, it's a terraced house.
The other side have kids and I can't hear a peep out of them even though in the garden they are super loud ( twins of 4 ) so the walls must be pretty well insulated, they have to be having a major meltdown for me to hear anything and even then very minor.
The police will have no evidence ( brother is a cop so have a rough idea of how it works ) and at best will issue a harassment warning which means it will just be even worse living beside them.
I don't see the problem in giving a months notice and understand we are liable for the fees to the agent for the re letting process I just don't know how to go about it and what the legalities actually are.
I would rather just get away from these people.

HerdofAntilop Tue 14-Jul-15 05:34:32

Have you considered finding alternative tenants to replace you off your own back? In the past I've come to an agreement with a former landlord that I could end my tenancy early if I found a suitable replacement tenant.

Nolim Tue 14-Jul-15 06:07:25

All the agents care about is getting their fees. They can completely ignore you. Try to talk to the landlord directly but once again he can ignore you. If he doesnt want to go through the letting process again then you are liable for the next six months. Sorry.

RachelRagged Tue 14-Jul-15 07:44:47

OMG poor you OP

Your neighbours sound like prats. Not to mention somewhat racist.

flowers

ScaredBUTstrong Tue 14-Jul-15 08:01:16

Apparently that's not correct, to sue me for the next 6 months rent he would have to prove he tried to re let.
It's very risky though sad

scatterthenuns Tue 14-Jul-15 08:03:41

The majority of let's are 6 months

That's just not true!

RepeatAdNauseum Tue 14-Jul-15 08:10:22

Proving he tried to relet is really easy. They just need to put it on the website or right move. They could give rubbish viewings or tell people that the next door neighbour have caused problems and there wouldn't be much you could do without solid proof.

To be honest, unless you have six months rent plus a few hundred just in case of agents fees, I don't think walking away is viable although I can really see why you want too. I took a lot of legal advice on this last year after the heating broke and only one room was warm enough to live in. We saw six solicitors, all of them told us to hold tight and leave as soon as the contract allowed.

BlackHillsofDakota Tue 14-Jul-15 08:18:04

I know all of mn hate agents but not all of them just care about their fees. Explain to them what's happening and why you would like to move. You may be surprised. Rather than presuming they won't help give them a chance to sort it out.
If a tenant came to me with your situation I would speak to the landlord and see if he would release you early. If he says yes you can give one months notice and they can re advertise the property. Good luck

JamNan Tue 14-Jul-15 08:29:39

Are the neighbours tenants? Complain to their landlord.

Also inform the police about racist and anti social behaviour. From now on document it by keeping a diary and record it on your phone. As a pp said it's illegal.

Sit tight. Don't move out because you need an exemplary record for future tenancies.

Nolim Tue 14-Jul-15 08:30:48

Dakota i dont hate estate agents, i just have failed to find reasonable ones, and even competent ones except maybe once! Maybe it is my own bad luck so apologies if i have offended anyone.

TheChandler Tue 14-Jul-15 09:15:46

What were the parking issues?

Won't you find it hard to rent another property without a reference from your current landlord?

ScaredBUTstrong Tue 14-Jul-15 10:02:13

I've never had a landlord or an agent request previous landlord refs just work checks / pay slips and I.D
My big worry is that we sit and wait it out and with it being just after Xmas nothing comes up in the area ( which we are now quite confined to with school to start ) and what happens then sad I can't stay here longer than that. It's making me too miserable and on edge.
What about saying to the landlord that we are finding it hard to meet the rent? Maybe that would make them want rid of us rather than getting into rent arrears? I just can't see a multi landlord or an agent being interested in a neighbour dispute

ScaredBUTstrong Tue 14-Jul-15 10:02:51

Also no neighbours own theirs have been here for 30 years

TheChandler Tue 14-Jul-15 10:14:47

I've never had a landlord or an agent request previous landlord refs just work checks / pay slips and I.D

Maybe that's where you are going wrong? More desperate landlords (with less desirable properties) will be less likely to check previous landlord's references.

What about saying to the landlord that we are finding it hard to meet the rent? Maybe that would make them want rid of us rather than getting into rent arrears?

I wouldn't pretend that you can't pay the rent. Not only is that dishonest but it would kind of reinforce that you are a bad tenant and maybe the neighbours aren't too far off the mark (we only have your side of the story). Just getting fed up and not liking living somewhere any more isn't a very adult response.

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