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Original poster

Ending a tenancy early

65 replies

PookieDo · 01/02/2019 17:49

I am private renting and a long term tenant (9y)
I signed a 12 month agreement with my LL which ends 24.04.19

I have been offered a housing association property and there is no flexibility with the start date from 08.02.19

If I do not take the HA property on this date I will lose it. I was not expecting to be offered housing this quickly as I only signed up to the housing list in Dec 18

I cannot pay 2 rents. I have paid my rent for this month until end Feb and will have to pay new rent from 08.02.19. I therefore cannot pay rent for March but I will have vacated

I can’t see a break clause in my contract. I have £1000 deposit in protection scheme which would cover 1 months rent (unless they took substantial amounts for property but IMO it is in excellent condition)

I need to speak to my LL but I do not know what to ask for except ‘can I leave early’ please can anyone give me any advice

I have heard I can ask the local council if they will grant me discretionary housing benefit for the 2nd rent but I can’t call them until Monday now and May well find out I can’t

Any advice? Thank you

OP posts:
19lottie82 · 01/02/2019 21:46

Legally if you leave early your LL could take you to court for the outstanding rent for the rest of the tenancy, but if he will or not is another matter. Is it worth the legal fees, and the trouble? For three months rent? I doubt it.

Tillyscoutsmum · 01/02/2019 21:51

As above. Legally you are liable until tenancy end date (and you still need to serve written notice to end it then. It doesn't end automatically). It's at your Landlord's discretion to allow you to leave 'early'. Some will agree to market the property ASAP and release you from rental liability from the date of them finding a new tenant.

Jon65 · 01/02/2019 21:52

If you were my tenant of 9 years, and been a good tenant, i would take 2 months notice from you and vary the contract for you to leave 1st April. Whether the ll would vary it to 8th March is entirely up to them, but speak to the ll not the agent. Point out what a good tenant you have been with no arrears etc. It is very much worth asking, and anyway would strengthen your dhp application. Put in the dhp app that you have asked the ll and the outcome. Good luck.

Jon65 · 01/02/2019 21:55

By the way you can only get dhp if you are in receipt of housing benefit or uc incl housing element.

Aprilshowersarecomingsoon · 01/02/2019 21:56

I gave a month's notice to ll when my circumstances changed. And I got full deposit back from protected deposit scheme.

EngagedAgain · 01/02/2019 22:06

I doubt you will have a problem. Think it happens quite often. As you've been a good tenant I expect they will refund you. Technically, they could make you pay the rent until end of contract if the property don't get a new tenant. That's unlikely if it's a desirable property at the right price in the right area. Is the landlord a good landlord? Sounds like they are.

Original poster
PookieDo · 01/02/2019 22:21

Thanks for advice

he likes me I think....
I have never ever been late with any rent and keep the property lovely. In fact I haven’t asked him for hardly anything in 9 years. He is a bit of a volatile person and I have never been comfortable around him really as he is unpredictable and can be difficult with other tenants.
He keeps renting the other flats to awful people and I am really unhappy here now.

Yes I do get housing part of UC but my local council say the discretion payment fund might have run out. So even if I qualify I might not be able to get it

The issue I have is that I cannot pay both rents from 1st March. Only 1 rent and I will be in HA Home by then.

I have a good credit record and don’t want to ruin it but I literally do not have double rent - cannot give him what I do not have. Didn’t have much time to save up and will need white goods in new house. The only other option is to get a loan out to pay him the rent and that will screw me financially too

Part of my plan was to move out ASAP and hand the property back to him so he can rent it. I’ve been cleaning and repairing the whole flat all week in preparation would just need to clean it and get carpets done and it would be ready to move into

OP posts:
Original poster
PookieDo · 01/02/2019 22:23

*repair little things and clean up grouting etc

OP posts:
Original poster
PookieDo · 01/02/2019 22:32

I have no inventory by the way so I have been doing a list of things that are issues and were here when I moved in (like a weird hard patch on the carpet like it got hot and melted). The bath panel is falling off - it’s 15 years old

I replaced one disgusting carpet myself and also will leave behind the velux window blinds I bought as I have no need for them (they were £100!)

I have replaced all the light bulbs, sugar soaped walls, sorted all the grouting out, will clean top to bottom and do carpets. Should I suggest to him he keeps my deposit for rent but lets me go?

OP posts:
Jon65 · 02/02/2019 00:26

No, don't offer the deposit at this stage, just ask outright if he will let you go early, then negotiate. See what he says.

EngagedAgain · 02/02/2019 08:32

No definitely don't offer the deposit back. Even though he can be a bit flighty that don't mean he'll refuse. If the worst comes to the worst and you HAVE to use deposit (which should be the equivalent of 6 weeks rent) then you won't be down by much. Please don't be tempted to get a loan. I'd like to know where you get a place that quick! I'm in rented. Don't say where you are exactly, but roughly what part of the country as I wonder if some places have more available. Eg, north east, north west, south west etc. Thanks and good luck!

Original poster
PookieDo · 02/02/2019 09:18

I am south east. The HA homes are quite expensive which is why I got housed quickly. Literally throwing them up but they are 80% of market rents so not ‘social housing’ as people think... but a garden and secure tenancy with a responsible LL is worth it to me

OP posts:
EngagedAgain · 02/02/2019 09:35

Thanks Pookie, didn't realise about the 80% part, but as you say it's secure etc. Got to be better, and still cheaper. Hope all goes well for you.

Original poster
PookieDo · 02/02/2019 10:11

Yes they aren’t quite what they seen if people are talking about them in the news so to speak - you have to pass an affordability check too and I think a lot of people are put off by the cost. There really are hardly any true council houses here but they have excess of these new build HA 80% market rent places

I could hold out for spanking brand new as this house is about 5 years old and probably has no carpets

OP posts:
EngagedAgain · 02/02/2019 11:23

Yes I get it. I probably wouldn't pass the affordability check. As you say alot of people don't realise the facts about HA's I wonder if it's the same 80% in other parts of the country. I'm in the south east and was hoping you'd say you were somewhere else, and it's really cheap! (I would ideally like to re locate). Don't know what to say about you holding out for a new build. I couldn't advise on such an important issue. Suppose you do and then don't get it? Presume though it's all arranged now with the other one (apart from giving notice where you are).

Original poster
PookieDo · 02/02/2019 12:05

There is nothing stopping you joining the housing register.
When my DD1 turned 16 I became ‘over crowded’ and can’t afford a 3 bed house at market rate, or the deposit, and no one will take you on HB as a single mum without a guarantor and I couldn’t get anyone to agree to guarantor for me when I have tried moving for 9 years!

OP posts:
Fattymcfaterson · 02/02/2019 12:19

I can't join the housing list in my area, because we work and are adequately housed we can't even join it. In South East too!

EngagedAgain · 02/02/2019 13:58

Pookie, yes it's difficult isn't it to get out of private renting. Thanks for the advice. I see from your first post you haven't got much time (til Mon?) to decide what to do.

Original poster
PookieDo · 02/02/2019 14:11

I have till next Friday - when I view it I have to decide there and then. Can’t tell LL as I can’t give my notice till then! You also have to pay the first week rent on the day. So I am paid up until end Feb on flat but I will have to pay house too.

If I turn it down I could get sanctioned by the housing list (but think it might be x2 I am only allowed to turn down before I get kicked off for a year)

I can’t move next weekend as I don’t have any help. I can’t get the big things out by myself. I am trying to find out how much I could pay men with a van

OP posts:
EngagedAgain · 02/02/2019 14:21

So at its worse you might be about 2 weeks out re. The money? Sorry brain's not in gear! Yes think council houses you were allowed up to 3 chances, so probably the same. I'm sure you will make the right decision. You sound very well organised. It's quite a juggling act you got going on there! To the previous pp also, yes it's difficult.

Original poster
PookieDo · 02/02/2019 14:26

Cos I am doing it by myself I think I need extra planning! If I don’t get this house I still intend to try to move so having a SUPER clean house will be a bonus. I have spent hours and hours cleaning - HTF do things get so dirty??
Last weekend I deep cleaned the bathroom and kitchen (gross) and today I did DD1’s room (worse than the kitchen)

OP posts:
Original poster
PookieDo · 02/02/2019 14:28

If I take it from next Friday it’s my house - I have to insure the contents and pay council tax on both! But I can’t live in it so will just have to clean it and take over what fits in the car

I have some money but it’s not going to go very far if I need removals, flooring, washing machine, cooker and hire a carpet cleaner and all the extra rent

OP posts:
Jon65 · 02/02/2019 14:30

In your position I would do a walk by the house, and have a peer into the windows. If it checks out ok, give notice now and at least have the discussion with your landlord to reduce your loss.

Original poster
PookieDo · 02/02/2019 14:32

They have sent me the number of the house and I went last week but unsure if anyone living in it so didn’t peek. I’m going to try again tomorrow and hope no one thinks I am a burglar Grin

OP posts:
Arnoldillo · 02/02/2019 14:40

Go and have a look. No one will mind. I'm in a HA property and the woman who is now next door came for a scout around before she took the tenancy on. I even showed her round our place so she knew what to expect in terms of room size. Honestly, all of us who have been allocated tenancies were expected to go in with little information so we know what it's like.