landlady won't let me leave

[kesposito]

I am 29 weeks pregnant and have a fixed tenancy agreement on a small one bed flat from July last year till July this year, we applied for council housing December knowing how long it can take and surprisingly got offered a 2 bed place this week. We contacted our landlady about the situation and asked how much notice she needed she said 1 month which we could work with. Then we got a text from the letting agent saying that we couldn't leave as we have a binding contract but in our agreement it's states that we can serve notice after 6 months. Help we really can't turn the 2 bed down as we would be taken off the council list completely and have to re apply we just want the best for our little girl

I think if you mutually agree with the ll an earlier date then one month is fine. It needs to be issued from a payment date though.

You're going to have to check your tenancy agreement. I am a landlord and mine say that in fixed term contracts, the tenant is bound until the end of the term. Although there is often a 6 month break - you can only terminate the contract at that 6 month period and at the 12 month period. If it is a rolling contract (i.e. you stay in the property beyond the fixed term), then it's 1 month notice.

This is all in my tenancy agreement and yours could be the same, could be different. You need to look at it.

going only by what you have said in your post: you have a fixed agreement for a year and appear to be bound by it.

BUT contracts can always be varied by mutual agreement, so if your landlady is happy to let you go at a month's notice then this can be arranged. I have let tenants go early before with a new one waiting, it's no problem - even with an agent.

your agreement is with the LANDLADY, not the agent. So contact her again ASAP.

Hi kesposito - hopefully you'll be able to sort it out with the landlady.

However, it's worth noting (which I'm sure you know) that the landlady can't actually stop you leaving of course, but what she can say IF the contract is formulated that way, is that you will still be liable for the rent until July, so you'd potentially be paying 2 rents for 2 months.

You could go on a month's notice, find her good new tenants and then she and the agent have suffered no losses, no lost rent.

Often with a 6 month break clause they have rolling breaks every month thereafter, which would let you get out. You need to check the exact wording.