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?

Could you not delay completion on your house for a few weeks to give you breathing space? Remember you don't have to let people in to view the rental until your contract is up.

Depends what part of the UK you are in. Are we to assume England? The laws are different depending where you are. In Scotland there is no minimum, you can give 1 months notice at any time in a tenancy. If you're in England then I believe you have no choice but to pay until the 6 months are up.

I don't get what I want so thr landlord is greedy? Contracts do not have a 'yeah but it's not fair' clause

Yeah, the landlord isnt in the wrong here as long as the contract covers this.

The landlord doesnt really owe you goodwill, its a business to them and they have to cover their costs (mortgage)

You signed the contract with the break in October, the landlord doesn't have to let you out earlier. You're going to have to pay until October like you agreed.

You need to factor in the additional cost of mortgage/rent until October. At least-bit gives you flexibility on moving dates and any work and deliveries you need to organise beforehand.

I just wouldn't pay the last months rent and would just let them take it from the deposit

If you refuse to pay the landlord could sue you for the unpaid rent. A CCJ is probably not a great idea when you have just bought a house. Screwing your credit rating at the time when you may wanting to be spreading payments for purchases for your house would be a mistake.

Money judgements can be started online so it would be easy for them to do.

Of course you know where you stand. You signed a contract with a break clause that means the earliest you can leave is October. Couldn't be clearer.

A landlord can’t just use a deposit to make up for rent arrears unless it’s specifically stated in the contract so don’t just think you can do that. YABU you signed the contract so you need to stick to it, you wouldn’t have accepted him kicking you out after 4 months.

I am usually not a big fan of landlords, but in this case your landlord is right.

You signed a legal contract with a 6 month break close, so you knew what you were getting into.

Your landlord is running a business and can't be expected lose money just to suit your needs.

It is also lack of planning on your side.

Buying a property comes with added costs beyond the actual purchase: packing and removal costs, rent cost while you give notice, buying new furniture, home insurance... and you should have factored that in your house-buying budget too.

Depends on the state of the property. Given it’s a short let hopefully the LL would have minimal deductions to make so they might consider this. The LL could refuse if they think they will need some of the deposit for allowable damage and cleaning deductions.

I’m surprised you’re even asking - the landlord is running a business here and indirectly reminding you about the contract you signed up to, so why should he give a shit about your money situation just because your circs have changed?

Nope. But you also don’t have to facilitate photos or viewings while you rent it. That’s your only scope for negotiation

Technically he can say no.

Technically while you are still paying rent you can refuse to allow access for viewings/photos/sale related appointments

I work in property management and this is pretty normal, you signed for 6 months, you pay for 6 months. It's only goodwill that a landlord will let you off early if they find a new tenant which obviously doesn't apply here.

Landlord is not at all unreasonable or greedy. You're an adult and have made a legal commitment

That being said, make it clear if forced to stick to the contract terms you won't be facilitating/permitting access for the sale and see if that changes their mind.

Did it occur to you that losing rental income he needs to pay the mortgage would put the landlord in financial strife?

Have you exchanged contracts? If not, can you delay it a bit, or put in a longer completion date?

Could you find someone to take on the tenancy for two months eg via air b and b? They might even pay more

Thank you. I know the terms of the contract but was hopeful there may be some goodwill here - it's our second year, the contract was a renewal and we've really looked after the place. I texted the landlord to make sure the agent had actually asked and put our case across accurately. Regarding allowing viewings, there's a clause to say we must allow them in the last two months so don't think we can use that?

Depends if subletting is allowed and even worth the effort, also runs the risk of damage which could affect deposit return.m

Don’t default on the rent, don’t airbnb or sublet it (as some have suggested) as you will likely find yourself with a CCJ and legal costs that will be far greater than the rent.

This is not greed by the landlord, this is your issue to manage.

This. Sorry, but YABVVU!

A rental contract needs to be taken into consideration when purchasing.

On the plus side at least it has a 6 month break clause!

You are legally entitled to quiet enjoyment until October so can refuse all viewings if the house is on the market. The LL can only enter for things like checking smoke alarms etc...

You signed the contract.

The only negotiating power you have is viewings. He's going to need to get photos taken and people are going to see it.

In his position I'd want it on the market in September as it's a better time to sell. If he has to wait for you to move out before starting the process he hits a bad time of year for selling.

You could say that if you can come to a mutually beneficial arrangement you are happy to support but otherwise you will retain your right to quiet enjoyment.

He can have the rent til October but what he can't demand is the rent and to come and take pictures and show round potential buyers whenever he pleases.

Be very polite in whatever response you make and hope he sees it might be in his interests too.