Leaving a rented property

[Struggling05]

Hoping someone can help.

I've handed in my notice to the letting agent with the intention of moving out. I have given them the 28 days notice but here is the problem. I have rent arrears that need paid and they are refusing my notice.

One of the reasons for the move is money, we are moving to a much cheaper place to rent. Also we are moving to be closer to work and family.

Can the letting agency refuse to accept the notice until the arrears are paid?

Not entirely sure from a legal point of view, but from a practical point of view I don't see why they would. Surely the quicker you're out, the quicker they can get a new tenant installed.

So they have contacted us to say they can't accept the notice until the rest arrears are paid.

If we stay here we are just going to end up owing more and more.

I am happy to pay the rent arrears back slowly but this will take time and will need us to be paying less for essential bills which the move will allow us to do.

How much are the arrears?

Are you still within your AST term? Or on a rolling contract?

It works out about 2 months worth of arrears

Rolling contract. We are in Scotland so I think this is how they all are

I'd see if a friend or family member can help you out - it's probably a lot easier to do that than face resistance from the agent / landlord.
I can see why they're worried - once you're out of the property you're a lot harder to contact and there's nothing stopping you giving them fake forwarding address / contact information.

Regardless of the amount if in a rolling contract, it would seem counter intuitive for them to keep you in somewhere you can’t afford. What does your tenancy agreement state?
Are you managing to pay any of the rent/arrears?

I wouldn’t have thought they can hold you to this unless there is a clause in the contract, though not sure did any clause would be legal. It seems an odd thing to do if you’re willing to set up a payment plan for the arrears. I would still plan to move out at the end of the notice period and keep proof that you have given notice.

When I was a landlord there's no way I would have let a tenant move without all bills being fully settled. How can they enforce you paying when you're no longer in a contract? YABU to think you can escape your contractual obligations

There's nothing In the contract about rent arrears except if the landlord is evicting us.

We will likely be able to pay just before we move out and if they keep the deposit then it definitely will be doable.

They cannot keep a deposit in lieu of unpaid rent. Maybe talk to Shelter about your rights to give notice.

The big issue though is I can't afford the rent where I am. If I'm forced to stay here then I'm going to end up in even more arrears. When we first took on this property our personal circumstances were very different. Now we need to be closer to family (health reasons) and need to move to a more affordable home.

The COL hasn't helped along with increase in our rent in the current home. We have been muddling along for months with some months unable to pay full rent. This is why we have arrears.

By moving we will be saving over £200 per month in rent alone. Paying much less on council tax etc too.