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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:
PookieDo · 02/02/2019 14:46

I’m paranoid they have given me the wrong no. The next number up house and opposite the house has a HA sign on the door and is clearly being done up. So I didn’t peek in either as no idea if anyone living there. But I will go tomorrow as it says it’s vacant. I think I will prob only be able to see the kitchen

OP posts:
PookieDo · 02/02/2019 20:37

So I have been! And yes a neighbour came out
She said that she had seen a man looking at the house today, I was like WTF? Turns out was my ex and my DD1 😂

So I need a cooker. And there is flooring downstairs but not sure about upstairs

OP posts:
ivykaty44 · 02/02/2019 20:43

If your on housing benefit you can ask if the hb will cover the second propert rent due to not being able to avoid the situation of having two rents to pay - but they can’t pay the rent in the second property until the day you move, so move in ASAP

Don’t forget though that you will have two council tax to pay... but talk to council tax and request if you can have a payment schedule covering both properties council tax over into next year - see whether you can spread it over 12 months

PookieDo · 02/02/2019 21:30

I have paid all my council tax on my flat for this financial year (10 months) so would need to pay whatever is outstanding for the house?

I’m going to apply for DHP but apparently it’s a limited fund and if it’s gone it’s gone. Was going to call first thing Monday and find out
Will also ask UC advisor what to do

OP posts:
ivykaty44 · 03/02/2019 06:46

HB can cover the rent on a second property - ask on Monday, but it’s separate from dhp. You would normally make a statement saying that the overlap of two rents is unavoidable due to circumstances beyond your control

It’s actually housing benefit you’re asking to pay the extra rent

You will pay your council tax in 10 payments, some pay in one others in 12. But the council tax covers from 1/04/2018 - 31/03/2019

So for the private rental you would need to oay from 1/04/2019-24/04/2019 so make sure you give council tax your new address and get the bill - you don’t want to miss the bill and it go off to bailiff due to you not living their and receiving mail.

The new property you would need to pay from when the tenancy starts

ivykaty44 · 03/02/2019 06:48

So you’d pay the council tax on the new property from 8/2/2019 - 31/93/2019 and then the council tax will send you your next bill from 1/4/2019 - 31/03/2020 same as normal

19lottie82 · 03/02/2019 11:35

The OP would only be liable for the council tax on the old property until a new tenant moved in, and I doubt the LL would want it lying empty until April.

ivykaty44 · 03/02/2019 13:00

The landlord may take the opportunity to decorate..halving the rent already paid. But op needs to factor in that this payment maybe due and it’s a bonus if the property is relent swiftly

PookieDo · 03/02/2019 14:05

But I have paid all my council tax in 10 instalments so nothing left to be paid on that now

I’m going to call council Monday first thing

Also really stressing about white goods. I can’t pick up a 2nd hand washing machine - car is too small. I am also Confused at how much cookers are!

OP posts:
PookieDo · 04/02/2019 09:19

Been offered a 2nd hand washing machine for £50

DHP form in the post from council
She thought I had a strong case Grin

OP posts:
PookieDo · 08/02/2019 21:20

So I accepted the house and tried to end my tenancy

They said I could only leave once they found new tenants
And it will cost me £400 to leave early
And they intend to charge me 50% of the decorating costs

I am so pissed off. He’s done nothing to my property for 9 fucking years

OP posts:
Aprilshowersarecomingsoon · 08/02/2019 22:08

Why 50% of decorating?

PookieDo · 08/02/2019 22:22

Apparently that doesn’t come under wear and tear!

OP posts:
OliviaBenson · 08/02/2019 22:23

They can't charge you for decorating. Is the deposit in a scheme?

Aprilshowersarecomingsoon · 08/02/2019 22:25

Absolute tosh. .
Rented my entire life, even as a dc. Never heard such shite!! Go through the tenancy with a comb. See cab.

PookieDo · 08/02/2019 22:33

Apparently that doesn’t come under wear and tear!

OP posts:
PookieDo · 08/02/2019 22:34

Yep it’s in a scheme

OP posts:
PookieDo · 08/02/2019 22:35

I painted the whole house (just magnolia and white wood) 5 years ago as it was bloody horrible from previous tenants. It’s not too bad now but where I touched some areas up the paint has gone a bit patchy. Sugar soap cleaned up everything really nice so I am even more annoyed - how much they expecting it will cost for a painter and decorator? I cannot afford that

OP posts:
Fattymcfaterson · 08/02/2019 23:10

Legally a landlord has to redecorate, or expect to, every 8 years. So marked walls etc and decorating costs cannot be taken from you. Dispute it with the deposit scheme when you can

That information was told to me by a letting agent who did the check out at my old house

Jon65 · 09/02/2019 01:37

LL here, dispute the supposed decorating costs. There is no law that covers this per se, but a ll would expect to fully redecorate a property after a tenant has been in a property for 5 years, so they are trying it on. They cannot recover any decorating costs. Was an inventory done when you moved in?

PookieDo · 09/02/2019 07:06

NO it wasn’t
They want it returned to how it was when I moved in
So I should leave it smelly and dirty...?
Everything was horrible but I was desperate

OP posts:
OliviaBenson · 09/02/2019 07:39

If they have no inventory there's not evidence to support their claims. Dispute anything they try as they won't get very far.

fullofquestion · 09/02/2019 07:51

If your deposit is in a scheme they will not be able to keep your deposit at all! After 9 years a landlord should be expected to redecorate at their own cost so make sure you dispute it! At our last inventory I think 5 years was wear and tear for walls and decorating and 10 for carpets and flooring so I think after 9 years it's expected he will need to overhaul the property completely but that shouldn't be coming out of your deposit and if he hasn't bothered with an inventory then even better for you as he has no proof of the property's condition at all when you moved in so not a leg to stand on and he probably knows it!! Good luck in the new house!!

Beetlebum1981 · 09/02/2019 08:08

LL here too, they can't charge you for decorating costs unless it's more than would have occurred under wear and tear. I think after 9 years without him doing any decorating then wear and tear is perfectly applicable! Definitely dispute this as the protection scheme is often more on the side of tenants. What is the other £400 for?
I can understand them wanting the rent until it's let however put in writing that you will be leaving on 'x date' but will be prepared to pay the rent up until the end of your contract. Also put in that as agreed if they find someone prior to that date then you will not be liable for any further rent. DON'T hand your keys over until the date your contract ends, that way he can't move anyone in and get double rent!
Finally, unless he has proof of the state of the property when you moved in, ie your inventory, then he can't charge you for anything else.
Hope that all makes sense, if you have any questions PM me Smile

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