Has anyone terminated their tenancy early?

Lanabanana678 · 2020-10-22T13:23:28+00:00

Hey guys! I moved into a 1 bed flat the beginning of September on a 6 month tenancy agreement, however due to unforeseen circumstances I need to move closer to my parents to help look after my dad. I’ve text the landlord to ask if I can end the tenancy early but he usually takes a few days to text back. So has anyone ended their tenancy early before? If so what happened? What did you need to pay? Tia xx

lyralalala · 22/10/2020 14:35

A lot will depend on how likely it is that your Landlord can find a new tenant. A lot will also depend on how well they know the law.

Speak to Shelter and get accurate information for your area (Scotland and England have different rules for example) and go from there.

RevolutionRadio · 22/10/2020 14:36

What's in your contract?

I left my last rental early, the landlord charged me half of the rent each month still and I didn't get my deposit back. In the circumstances I was just glad I could move and not pay everything up front.

Sparklesocks · 22/10/2020 14:39

I did it once, but I’d already found another person to take over the lease (a friend of a friend) so the landlord wasn’t bothered as they weren’t out of pocket and we just arranged for them to move in a few days after we moved out. But I think it depends on your type of contract, landlord’s circumstances etc.

Realii · 22/10/2020 14:42

When I did it it was such an easy to rent flat my landlord didn’t mind at all. Depends where you and what property you have. Often they are just happy you are open and honest and not buggering off with unpaid rent!

dontdisturbmenow · 22/10/2020 14:45

At worse, they will tell you that whatever your situation, you are legally expected to pay for 6 months rent.

At best, they might sympathise with you and agree to release you until they find someone else to rent the place.

Them agreeing for you to go and stop paying even without someone to replace you is highly unlikely.

frankie001 · 22/10/2020 14:56

I did and tbh it was a nightmare but that’s due to my landlord. I stayed and paid until they found a new tenant. My issue was she wanted me to pay a months rent and not be there. Worked out in the end though.

Original poster

Lanabanana678 · 22/10/2020 15:55

Amazing thanks for your replies so far guys! I’m still waiting for him to text me back

OP posts:

ShalomToYouJackie · 22/10/2020 16:18

I think standard is that you will need to keep paying the rent either until the end of the tenancy or until the LL finds a new tenant. You would also be liable for the council tax and utility bills still. That's what my tenancy agreements have always said anyway.

Check what's in your contract though.

HotDiggidy2017 · 22/10/2020 17:44

PP is spot on, if you’re on an estate agent issued contract then the above will be correct as it’s generally not seen as fair to hold a tenant if a replacement can be found however, there are some unreasonable landlords out there who are not being advised by agents or who write their own contracts. I would read yours. If you don’t have one then even better! They will find it nigh on impossible to enforce a verbal agreement

lyralalala · 22/10/2020 17:56

Speak to Shelter.

Something being in a tenancy agreement doesn't make it legally enforceable (see the regular clauses of 24 hours notice for entry for any reason and must allow viewings as examples).

I could stick in my tenant's agreement that they must make me dinner every Tuesday, it doesn't make it enforceable.

You need to know the law for your specific country and what can and can't be enforced.

Original poster

Lanabanana678 · 22/10/2020 20:11

Hmm just looked through the contract and nothing in there about leaving the tenancy early. Only that once the tenancy has finished it’ll go into a month to month rolling contract with a months notice to be given.

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lyralalala · 22/10/2020 20:21

@Lanabanana678

Hmm just looked through the contract and nothing in there about leaving the tenancy early. Only that once the tenancy has finished it’ll go into a month to month rolling contract with a months notice to be given.

Speak to Shelter. They'll tell you what is legal and what is not.

Have you heard from your landlord? Is there a lettings agent involved or do you deal with the LL directly?

Jarstastic · 22/10/2020 21:52

You can surrender your tenancy.

You are obliged to pay the rent (and bills you are liable for) until the end of your contract. However, if your landlord markets the flat and finds a new tenant, they can only charge you till the new tenancy starts and out of pocket expenses eg agency fees.

Merrz · 22/10/2020 22:01

I am a landlord. They would be entitled to make you pay rent for the remained of the 6 months but I certainly wouldn't do that to a tenant. However there are fees associated with getting new tenants so it can be pricey for landlords hence the minimum 6 month rental

Original poster

Lanabanana678 · 22/10/2020 22:28

@lyralalala I still haven’t heard back from him yet, no. I’ll call him tomorrow lunch time if he hasn’t replied to my text by then. The flat was marketed through an agency but is managed by the LL directly.

I’ll get in touch with shelter tomorrow before I call him. Thank you :)

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HotDiggidy2017 · 25/10/2020 12:18

@Merrz

I am a landlord. They would be entitled to make you pay rent for the remained of the 6 months but I certainly wouldn't do that to a tenant. However there are fees associated with getting new tenants so it can be pricey for landlords hence the minimum 6 month rental

To clarify, a minimum 6 month tenancy is legally mandated, it is not due to the expense to landlords. However, it could be surrendered earlier if both parties agree.

CovidStoleTheRainbow · 25/10/2020 12:21

Yes I have.

Basically the LL said, as long as they find someone to take over then he was happy for us to bail.
He found someone straight away.

Makes no difference to the all as long as someone is in there and paying.

I just said to my LL that I would carry on paying until he found someone.

CovidStoleTheRainbow · 25/10/2020 12:21

Oh but we did have to pay a get it clause. Otherwise he would have had to pay it.

I think it was about £600

CovidStoleTheRainbow · 25/10/2020 12:29

Agencies can't charge all those crappy fees now.

They have bought in a new thing which the LL has to cover every time they get a new tenant.

We offered to pay this to our LL to get out of the contract which was worth it because we only needed to live there for 6 weeks while we sold one house and bought another.

TheAdventuresoftheWishingChair · 25/10/2020 12:40

Just for future reference I would strongly advise sending an email instead of a text for any big matters like this. You need things in writing, for his sake and yours. There might come a time in the future when you're grateful you did that.

I hope you can get out of the contract! Good luck

Original poster

Lanabanana678 · 25/10/2020 13:38

Hey guys! Thought I’d update. We’ve agreed for me to pay 2/3rds of the re advertising fee which (so 388 is 2/3rds) and then also continue paying until someone new gets in there. Hoping for them to sort someone else quickly! Thanks everyone :)

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Vector5 · 25/10/2020 15:41

We negotiated an early leaving agreement with our landlord at the time. We paid for half of the rest of our contract. The landlord then tried to keep all of our £1000 deposit and claimed he had redecorated the whole property and we should pay for it. We took this to appeal and he was awarded £15.