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Help me negotiate out of my lease please.

(10 Posts)
fruitstick Wed 08-Dec-10 11:18:32

Right - full story.

We moved into rented in April 2009. Original contract was for 6 months and then rolling month on month (us giving one month's notice, him giving 2 months).

After our 6 months, he gave us notice that he wanted the house back, then he changed his mind and allowed us to stay.

Because didn't want the uncertainty of being kicked out, we agreed to renew on a 6 month by 6 month basis. We last renewed, by email in October. We have never signed anything other than the original contract.

However, we have now bought a house and are moving out before Christmas. I have given one month's notice but he, obviously is insisting that we are obliged to pay rent until April.

I know that he is probably (at least morally) right but I'm hoping I can come to some sort of arrangement with him.

What do you think would be reasonable?

gregssausageroll Wed 08-Dec-10 13:44:40

If there is nothing in writing then you have no contract.

fruitstick Wed 08-Dec-10 14:07:36

I have a horrid feeling that an email is now binding.

Reality Wed 08-Dec-10 14:09:12

Message withdrawn at poster's request.

OrangeMarmalade Wed 08-Dec-10 14:12:21

So you told him by email last October that you were good for another six months rent, you did this because you wanted security of tenure and now you have bought somewhere you want him to just say, no problem off you go.

I want to have my cake and eat it comes to mind. TBH

fruitstick Wed 08-Dec-10 14:14:31

I know I'm being unreasonable. I'm not trying to be stroppy about it with him.

I am asking him to let us out of our lease early and asking for advice on the best way to go about it.

LIZS Wed 08-Dec-10 14:17:50

I suspect that you are right and that the email could be argued to constitute an agreement for 6 months. I think you need to offer to pay until it is re-let within that period, assuming he markets it straight away, but realistically that may not be until February now ie. you will have 3 months' notice to pay.

fruitstick Wed 08-Dec-10 14:19:52

Thanks Lizs, I think that's what we might do.

PanicMode Wed 08-Dec-10 14:38:26

Your 6 month contract would stand I believe - I would do what LIZS says - ie ask him to remarket immediately and pay rent until he has new tenants.

nocake Thu 09-Dec-10 11:25:00

I'd have a quick word with Citizen's Advice as an e-mail may not be sufficient. If it isn't valid then you will be assumed to be on a statutory periodic tenancy with one month's notice.

It was up to your landlord to make sure a new tenancy agreement was signed properly so he only has himself to blame if he didn't do it properly.

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