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want to end tenancy early

(10 Posts)
strawberriesandmelon Mon 11-Feb-13 18:12:55

Hi, any tips/advice on ending a fixed term tenancy early? I made the mistake to renew for another year only a month ago, but my circumstances have changed and I now need to move.

The contract is an "assured shorthold tenancy" and it says the following:

"If the tenant shall determine the tenancy prior completion or the expiry of the agreed term then the tenant shall on demand pay to the landlord a proportion of the legal costs and the letting fees incurred by the Landlord in connection with the creation of the letting such proportion to be a calculation based on the ratio that the unexpired term of the tenancy bears to the length of the period from the commencement of the term to the date at which the notice of determination takes effect."

newbiefrugalgal Mon 11-Feb-13 18:26:53

Be calm and honest with your landlord. They will have incurred fees for your renewal so maybe offer to cover there costs and possibly pay rent to day new tenants move in.

Not sure really as just my advice as a landlord. Don't think you can do much legally as it's a signed document but hopefully they would be reasonable about it, they don't necessarily want someone in there property who they know doesn't want to be there.

tribpot Mon 11-Feb-13 18:29:13

Yes, I agree. The only thing you can do is explain what's happened. I would not be very happy as a landlord about this but provided I wasn't out of pocket I would accept that circumstances change.

FergusSingsTheBlues Mon 11-Feb-13 18:29:25

Depends on coss incurred initially. Ive always managed myself, so would always let people break the contract but I insist on the correct notice period so im not out of pocket.

strawberriesandmelon Mon 11-Feb-13 18:34:45

Well, the landlord is not just a person but an agency. I paid a considerable deposit, larger than usual (we have pets) and one of my main fears is that they want to keep it all... don't want to seem ignorant, but don't know if they can do this.

At the same time, I can put myself in their shoes. I would offer to stay in the flat until they find a new tenant, to help them put ads, show the flat etc

tribpot Mon 11-Feb-13 20:45:12

The deposit will be in an assured scheme; they can't keep the deposit because you want to terminate the tenancy early. The agency may be representing an individual, although you would probably know if they were from your rental agreement.

You just need to speak to the agency and see what terms they would consider acceptable. As they will have to run another credit check / charge a fee for the new contract you may end up actually forking out for expenses rather than just staying put til there's a new tenant.

FergusSingsTheBlues Mon 11-Feb-13 20:46:46

Wouldnt be offering to stay til they find somebody tbh as given that offer, i'd happily take my time! Just offer same or longer than legal notice period.

nocake Mon 11-Feb-13 20:49:18

For future reference... you don't need to sign up to a fixed period in future, after the initial period of the tenancy. If you don't sign anything you will automatically go onto a statutory periodic tenancy and will just have to give a standard notice whenever you want to leave. This is what we do with our tenants and it saves money and hassle.

tribpot Mon 11-Feb-13 22:18:07

I don't think there is a notice period, Fergus. OP has signed up for a full 12 month term.

CajaDeLaMemoria Mon 11-Feb-13 22:25:30

We were in the same position but with a six month tenancy.

We were honest and explained why we needed to leave, and the landlord was understanding. They advertised the house as available straight away and we had several viewings a day for almost two months, with 12 unsuitable offers. We were getting a bit desperate then so offered half rent but legally we have to stay until other tenants are found so the landlord politely declined.

We got a call tonight to say that they've found someone but the new person needs to move in by Thursday. Which gives us no time at all, but we are trying out best to make it happen!

I'd be upfront and honest and hope for the best. Good luck!

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