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Landlords - Ending a contract early with no break clause..

16 replies

Peakyblinder · 18/09/2017 13:40

Can this be done ?

After getting advice on here about the house I have been renting for the last 12 years, I looked around and have found another home that is suitable. It has no damp ! No mice and cupboards that we can actually use and no holes in the ceiling !
After 2 weeks I found out today that we have been accepted and passed credit checks etc. My problem is I have a signed a contract until July 2018 and I now need to tell my landlord I want to leave.

Looking online it seems I would be liable for the rent until he gets new tenants in but obviously I can't afford that.
I am going to call him tonight and ask if we can come to a suitable agreement and if he will let us go.

Is this likely ?

OP posts:
IHeartDodo · 18/09/2017 13:45

Seems unlikely if you signed a fixed-term sorry... what exactly does your contract say about breaking it?
Of course if the house is in such bad condition maybe that'd get you out of it...

Peakyblinder · 18/09/2017 13:49

The contract doesnt mention breaking it. Just givs a number to call for the tenant to use when they want to give notice. It doesnt even mention a notice period or anything.

OP posts:
CotswoldStrife · 18/09/2017 13:51

Why didn't you sort this out before undergoing credit checks for the new place, I doubt they will refund your money if you pull out now?

Speak to your Landlord!

IHeartDodo · 18/09/2017 13:53

Yeah if you haven't paid a deposit on the new place yet I would hold off til this is sorted!
Send your landlord an email saying you'd like to give notice.

wowfudge · 18/09/2017 13:58

Call the landlord and speak to him - but you need to think what you are going to say in terms of why you would like to agree an early termination date for the tenancy. An email can be ignored and gives him time to formulate a response, etc.

Peakyblinder · 18/09/2017 14:00

We havent paid any money yet to Letting Agency. We are going to speak to Landlord first.

OP posts:
Peakyblinder · 18/09/2017 14:01

The landlord hasnt followed correct procedures etc, thats part of why we need to get out. Weve never had an EPC rating, our deposit isn't in a holding scheme and he'e never fixed numerous problems etc.
I was just hoping that after 12 years and never missing a rental payment he might do the decent thing and let us go.

OP posts:
itsascandal23 · 18/09/2017 14:23

You are theoretically liable for the rent until July 2018.

But if what you say about the deposit/EPC, state of the property is true, your landlord will not have a leg to stand on should he decide to pursue you through the courts.

Does your new landlord need a reference from the current one?

MovingOnUpMovingOnOut · 18/09/2017 14:26

Did they even do EPC 12 years ago? Confused

So did you just sign a new one year tenancy in July?

If he hasn't done the landlord basics what makes you think he's going to let you break the contract early? He obviously doesn't feel the need to spend money now so why would he tolerate the loss if he can make you liable?

That said, you can but ask.

specialsubject · 18/09/2017 15:46

a new tenancy was signed last year, and the EPC and deposit protection regulations therefore apply. Can't remember when EPCs came in but deposit protection has been mandated for 10 years.

contact your landlord, give a month's notice. Tell him that yes, you signed a contract, but given his breach of these laws (any others - gas safe? Smoke alarms?) you offer a deal. He lets you go and returns your full deposit, and you promise not to take him to court for three times the deposit value (and you will win some of that, there is no defence) If he's broken any of the other laws that is extra ammo.

and please, read the how to rent guide to make sure you don't rent another dump from another crook. Frying pan and fire.

I'm a landlord.

specialsubject · 18/09/2017 15:47

BTW use adult communications. Write a letter giving notice, send with a (free) proof of posting. That means it is deemed delivered.

Sunnyshores · 18/09/2017 15:56

You shouldnt have signed a fixed term contract as you were looking to move on, next time ask for it to go periodic (which only needs 1 months notice).

Anyway....sounds as if ll is dodgy so follow Specials advice above and please research your rights and obligations for the new rental.

wowfudge · 18/09/2017 18:20

You don't need ask.for a tenancy to go periodic - if you don't sign up to another fixed term, it automatically happens.

Whattodowithaminute · 18/09/2017 18:28

I haven't illy explored this but when in a similar situation I was advised to review 'duty to
Mitigate' legislation. My understanding whilst you may be liable for rent until the landlord finds a replacement tenant the landlord has a duty to actively look for another tenant. More informed others on here will likely know more though...

Whattodowithaminute · 18/09/2017 18:29

Illy = fully apologies

specialsubject · 18/09/2017 18:51

With no epc it is illegal to rent it anyway. While that is easily remedied, if the rating is below e it can't be rented after april.

If this is the person i think, the landlord is breaking lots of laws.

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