Is landlord being unfair here?

[Anotherdayanotherusername]

Earlier this year we signed a 12 month tenancy agreement with a 6 month break clause. The 6 months is up in October. We then unexpectedly found a property to buy and are due to complete in the next month. As we will struggle to pay both mortgage & rent, we asked the landlord via the letting agent if they would let us out of the contract early. Agent said that usually if a new tenant can be found to move in earlier, a landlord will consider an early exit so would ask landlord. Agent came back to say that as they have decided to sell the property they will not be looking for a new tenant so we will need to pay up until October even if we move out earlier. I texted the landlord directly pleading my case, asking if we could even terminate a month earlier than contracted (September) but they got the Agent to reply to say no. Their argument is they too have a mortgage to pay and had been counting on having rental income until at least October while the property is on the market.

AIBU in thinking this landlord is just being greedy? This decision is putting us in financial strife and could jeopardise our purchase and I really don't know where we stand.

Any advice on what to do. Can we just refuse to pay?

He needs to pay his mortgage same as you, you’re the one leaving the contract early so of course you have to pay.

Your landlord is completely in the right here. You’ve been in the property for what, four months and have asked to move early? They’re the ones out of pocket unexpectedly- you chose the find a new home while still under a tenancy agreement.

It’s unfortunate that you’ve found the house and the timing doesn’t work well for you but it is not the landlords problem.

You signed a legally binding contract with the earliest release being October. Could you ask to pay next month and the landlord keep the deposit (assuming it's 1 months rent) as a final payment?

You signed a contract, they aren’t being unfair or greedy.

On the one hand I think YABU. You knew when the 6-month period ended and you chose to offer on a house and not try to delay completion even though you can’t afford to pay for both - how is that the landlord’s fault?

However I don’t really understand why the landlord wouldn’t just put the house on the market earlier. Nobody is being reasonable here!

Edited to add: why have you agreed to complete in the next month if you’re not financially able to do so? Have you exchanged yet?

I think this was always going to be a moving cost.
I’ve never rented but my brother and SIL moved in with my mum for 4 months to avoid this.

YABU
you signed the contract, you knew it was binding until October. It’s a legal document.

Seems fair enough, it's what you agreed to.

The landlord isn’t being greedy at all. They’ve based their business plan on the legal contract you signed. It’s not their responsibility to help you pay for your new house.

No - you're the cheeky one here really. I would have been surprised if they agreed.

How is it greedy to expect you to do what you agreed to?

do you always give people a negative slur when they won’t do what you want?

It’s completely fair to have to pay up in this situation, especially as it’s only one month’s rent. If you’d been there 3 or 4 years without any issue then it would seem a bit stingy but after 6 months then no.

Even you were moving to another rental there is often some overlap of rental periods so although it’s expensive it’s just the kind of thing you have to plan for.

You are being unreasonable you should have factored in you obligations for current rent when agreeing timescales for your purchase. Don't text the landlord directly either.you have an agent

No your landlord isn’t being unfair. And you can’t think you’re being reasonable, surely?

I read through your post twice looking for any sign the landlord is being greedy and can't find any evidence at all because he's clearly not! He's expecting you to stick to a very reasonable contract clause. Sending him begging text him is ridiculous

The fact you think he should just let you not pay because you can't afford a mortgage and rent is astronomically unreasonable.

Check the wording carefully and give notice in the way the break clause tells you to.
This is sometimes called exercising or activating the break clause.
A break clause should state clearly:

• when you can give notice
• how much notice you should give

"This agreement may be ended by landlord or tenant giving at least 2 months' notice in writing, to expire at any time after 6 months from the start of this agreement."
In this example, the tenant could give written notice at any time but the earliest the tenancy could end would be 6 months into the agreement.

I would seek legal advice or speak to citizens advice - break clause is there for a reason. If you look at it the other way, if your landlord had decided after 4 months to put the house on the market and gave you 2 months notice - would he pay your rent elsewhere because you had a 12 month contract - No. He would use the break clause.

What don't you understand about they too have a mortgage to pay?

Sorry but you’re BU. I am hoping to buy at some point soon and I’m renting, but I’ve passed the first year so on a rolling contract now. If you’ve signed for a set period then there’s nothing you can do. Like the landlord said, he’s got a mortgage to pay and it’s likely his property is going to be empty until sale after October so he isn’t going to agree to lose a couple of months rental.

I often don’t have much time for landlords - but he’s in the right here. He has a mortgage to pay, and your finances aren’t his problem. 🤷‍♀️

They said no, so you messaged directly?

Why?

YABU.

Think quite clear from everyone that YABU.

There may be some positives for you though, you can clean and decorate your new house whilst it’s empty, get the carpets cleaned etc, before you have to move in. Then you should get your deposit back, as long as rental left in good condition, quite quickly after you move out.

Your landlord is well within his rights to do this. He too has a mortgage to pay YABU.

I’m no fan of many landlords, but YABU. You asked if you could end the contract early and they refused. They’re under no obligation to agree. Similar happened to us when we rented prior to buying our first house, but we asked in a far more apologetic way, I’d imagine, and our landlord agreed. We also gave them a proportion of the missed rent and said they could keep it even if they found another tenant. They, in return, agreed to allow us to end the contract early and were very reasonable.

Either come up with a similar solution and propose it, or just suck it up. It’s a risk you run when you sign up for a contract.

I'd just not pay. Moving house is clearly more important. Then just pay the debt in the next 3 months or so. Obviously, this will upset the lanlord but realistically, all that can do is start court proceedings which takes forever. I'd not pay, they'll then send some kind of threat with a deadline, pay within the deadline. Problem solved. You'll never see them again.