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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to consider breaking the tenancy agreement?

56 replies

ScaredBUTstrong · 13/07/2015 13:51

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.

OP posts:
AndThisIsTrue · 14/07/2015 10:22

I would just be honest with the agent and say you are having problems with your neighbours and you'd like to leave early. We did this before and left 4 months early. They charged us £150 to readvertise the property, that's a lot cheaper than paying 4 months extra rent though. Worse they can say is no and then you can decide what to do from there?

EhricLovesTheBhrothers · 14/07/2015 10:39

Weird. I had identical issues with my neighbours, with a health dose of mental health problems (hers) and snobbery about renters (also hers)
I stayed put and 5 years later they have sold up and I have nice neighbours! I like to think it was all because of me Grin
Seriously, I understand completely how awful it is. I didn't even realise how on edge I was until they moved out and I had to keep reminding myself to relax. But you can't let arseholes drive you out of your home.

BarbarianMum · 14/07/2015 10:53

As a landlady I have quite frequently had people want to break contracts early - usually due to changes of job. Quite often they've got a replacement tennant lined up so no charges, or I've managed to let again quite quickly so they've only been liable for a month or 2.

I think whatever you are telling the landlord you have to accept that they may or may not be sympathetic (esp if they suspect you are not telling the truth - which you are not) and budget accordingly. Could you ask them to start advertiing now and move as soon as they've found someone?

specialsubject · 14/07/2015 11:04

unless the neighbours also rent from the landlord there is nothing he can do. He has no jurisdiction over the neighbours.

so here's an idea - if you are being subject to abuse (racial or otherwise) get in touch with the people who can help. These are the police (call 101) and/or the council. There are laws to help you.

you signed a binding contract. You can leave early but you are bound to keep paying. You can ask, and if you pay the costs they may let you go once they have found new tenants. But if you like the place otherwise and want to stay, why not deal with the real problem>

Original poster
ScaredBUTstrong · 14/07/2015 13:02

I don't think staying is an option. The neighbours literally own this whole close, their parents live next to them and both sets of their children have 2 other properties so the dirty looks and comments are coming from all angles.
I have sent the estate agent an email asking to liase with the landlord and see if we can change it to a rolling month by month contract where we will give a full months notice when we find something suitable.
I've also offered to do any decorating ( hubby is a decorator and house needs painting ) needed, pay the fee of changing the tenancy and re letting if the landlords wish. Who knows what they will say, but the landlord will now know come December I am going to leave anyway so can't think of a reason why they wouldn't accept what I'm proposing a few months earlier.
I'll update when I hear anything back.

OP posts:
LeftMyRidingCropInTheMortuary · 14/07/2015 13:17

What would you do if you had bought rather than rented, OP?
Just stop paying the mortgage because you don't like the neighbours?

Owllady · 14/07/2015 13:20

Have you read your lease?
If we terminate the lease early we have to pay a £300, there is nothing regarding future rent etc. Check your lease

ChazsBrilliantAttitude · 14/07/2015 13:23

LeftMy
If you own a home and hate your neighbours - you move. The OP also wants to move and is looking to negotiate a fair way of doing so with her LL.

blessedenough · 14/07/2015 13:28

Most good landlords will let you do this with a slight penalty ie relisting costs and any void periods covered. The problem is probably the agent. Contact the LL directly, you will probably get a better response. The details should be on your contract. Sounds awful, hope it works out. I have been a LL and the offer of good redecoration by a professional - your hubby would have swung it for me.

specialsubject · 14/07/2015 13:32

BTW If you don't yet have the contact details of the landlord you are legally entitled to them, so demand them.

hope you can work something out. Do tell the landlord what is going on, although there is nothing he can do. And he certainly can't re-advertise it as 'no black people due to racist neighbours!'

but I still think you should report the harrassment.

LeftMyRidingCropInTheMortuary · 14/07/2015 14:36

"Fair"? Fair would be honouring the 12 month contract the OP signed up for unfortunately. Why would the LL want the hassle of trying to find a new set of folk who are probably just going to have problems with the neighbours too?

PeteCampbellsRecedingHairline · 14/07/2015 14:43

Boo hoo, my heart bleeds for the poor landlord. Hmm

Keep on at the letting agent, go over the contract again. We're moving due to awful neighbours, even knowing we are going has taken a weight off my mind.

Good luck!

ChazsBrilliantAttitude · 14/07/2015 15:14

Left
I am a landlord and I would prefer a tenant to discuss a problem with me than get more and more pissed off with a difficult situation.

Owllady · 14/07/2015 16:29

I wouldn't actually give my landlord a second thought if a neighbour was harassing my children and making racist remarks about my husband, I would move. It's actually one of the positives of renting!

The landlord is running a business, part of the risk of that is that is that someone might terminate their lease early (and the landlord is entitled to too, it's a two way thing)

BarbarianMum · 14/07/2015 16:47

Yes Owllady but if the OP breaks the terms of her contract, the landlord can take her to court for the balance of the rent. So far better to find a solution.

Owllady · 14/07/2015 17:01

There is a section in the contract telling you what the penalties are though, I would if feasible, take the penalty.

I understand now though 're breech of contract. I think my lease might be rather straightforward. I wouldn't agree to sign anything that tied me in to paying the whole lease rent. I've been in my current rental 5 years btw. There is nothing wrong with me :o

Original poster
ScaredBUTstrong · 14/07/2015 17:07

A similar property a few roads away has come up for rent - we are viewing tomorrow.
I just rang the agent as we have no number for the landlord so it would be writing to them and waiting for a response etc.
the problem with renting is that if we wait until the end nothing suitable night come up and then what?stay here another year? I can't :-(

OP posts:
whyhasmyheadgonenumb · 14/07/2015 17:08

This has happened to me (not the same circumstances but I wanted to move earlier than the 12 months I was contracted for).
I emailed my reasons to the agents and told them I would be happy if they put the property on the market and would allow them access with 24 hours notice to show potential tenants round, the LL agreed and we had a few tenants that wanted to rent it so I was allowed to give 4 weeks notice and moved out.
Happy days. Just be honest.

Make sure you keep all correspondence - emailing is probably best.

Owllady · 14/07/2015 17:15

I think whyhas post is sensible :) good luck

thesaurusgirl · 14/07/2015 17:26

I agree with Whyhas's approach but I also agree with SpecialSubject - racist abuse is a hate crime and in an ideal world you'd report it, it would stop, and you'd be able stay in your home for the full duration of your tenancy.

But I can also guess why you might be reluctant to report to the police. It takes a lot more than a warning from the police before vile scum like this change their ways Sad.

specialsubject · 14/07/2015 20:46

both of us are giving the same advice - communication, talking, all that intelligent adult crap that the anti-landlord lot so hate. The OP's offer sounds quite good.

I'd be moving a lot further than a few streets away though!

if the tenancy ends and no-one does anything, you go on to a rolling tenancy. Notice tenant to landlord is then one month, two months the other way.

lucky it is a rental, eh?

Original poster
ScaredBUTstrong · 14/07/2015 23:25

I really hope they go for it.
A few streets away is fine it's within our budget and near the school so that's the most important thing.
It looks as if it needs a lot of decorating but my husband can do that. I would live in a 1 bed flat to escape it. My sons ball went over earlier in the garden and they were sitting out there, my son asks if we could get it back and I say I'm sure they'll throw it back soon and they say " yes okay you'll be waiting a while " to each other and laugh.
Considering they have children it's very odd.

OP posts:
zipzap · 14/07/2015 23:33

Maybe previous tenants have had problems with the neighbours too and they purposely didn't stick a break clause in there because they knew once you found out what the reality was like you'd want to leave and they'd be left looking for tenants again sooner rather than later...

Might be worth finding out why previous tenants left and if they were negligent in not telling you about the neighbours beforehand. Do you know your other neighbours and did they know the people who were in the house before you to know why they left?

Original poster
ScaredBUTstrong · 15/07/2015 08:09

From hearsay they've driven every tenant out but no way of proving that

OP posts:
MaidOfStars · 15/07/2015 08:54

If you rort to the police/council, would this register as a dispute that the LL would need to declare when selling? If so, I think the LL would want to avoid that situation. Does that give you leverage?