What are my options, legally

[Ineedlegalhelp]

I live in a privately rented accommodation in southwest England. I have a 12 month assured short hold tenancy. I have 4 months left

However, my circumstances have changed and I can no longer afford to live in the house

I have informed my landlord of the change in my finances and that I will like to vacate. No response from him. It is now 2 weeks since I informed him. I have sent a reminder

Please lawyers and experienced people and experts in the house, what are my options. Below is the relevant section of the contract

If in breach of this Agreement the Tenant vacates the Premises before the Expiry Date, the Tenant will be liable to pay:
The Rent up to the date that the Premises are re-let or the Expiry Date, whichever is the sooner; and the standard rate of Council Tax up until the date that the Premises are re -let or the Expiry Date whichever is the sooner; and any standing and/or consumption charges for Utilities up until the date that the Premises are re-let or the Expiry Date whichever is the sooner; and a pro-rata part of the Landlord's costs of re-letting the Premises should the Premises be re-let before the Expiry Date

Well, you’ve posted what your options are. Either you stay to the end of the tenancy and find a way to pay the rent or you vacate and find a way to pay the rent until it is re let or the tenancy expires.

@UhtredRagnarson, does he not have the responsibility to try to re-let the property? Does the agreement not imply that?

Im not a legal person btw so bumping for you.

It doesn’t appear to say that he needs to try and relet it. Only gives info if he does choose to relet it.

And you will get charged something if it costs for him to advertise etc so it’s six and half a dozen. Either way you’re out of pocket.

Are you sure you can’t find a way to get the money together or sublet to a flat are oak you know?

If you’re getting hit with all the charges you’d be as well staying there than somewhere else where you’ll have rent to pay at the same time.

@Elieza, I want to move in with a friend, sleep in my car, anything to avoid being in rent arrears or having huge debt hanging on my head

Unfortunately if you have a fixed term agreement you are liable for the rent until the end of that term and are dependent on the goodwill of the landlord to let you terminate early.
Would he be willing to let you advertise the flat and find a replacement tenant?

@lastqueenofscotland, he has not even responded or replied me at all. He just kept quiet.

Please folks, is the landlord allowed to just ignore me. Am I not entitled to hear from him on one or more of the options below

1. You remain liable for rent and I will not relet until your tenancy ends

Or

1. I will relet. Let’s see if I get someone.

Or

1. You make attempts to relet, but I must approve the new tenant

His silence is killing me and making me anxious. Is there no legal option or recourse for me. Even if it is know his intentions?

You're liable for the rent and council tax until it's relet and if the landlord incurs costs in trying to relet it (maybe advertising / agency fees etc) then you're liable for some of those too.

There is no obligation in the quote you've given that the landlord has to find someone.

Sorry and the utilities too.

Why not just do a bunk?

you need to get the landlord's permission to vacate early and will be hit with extra charges. Can you ring?

@Flowers500, do you mean ringing the landlord? If he is choosing to ignore my messages (I get delivery and read notifications), how do I know he will pick his call

Just tell him you want to leave.
If he doesn't let you you will stop paying rent... he won't get a court case until early 2022 at the earliest so will cost him far more
As a tenant you are in a very strong position, depends how your moral compass works I guess

[quote Ineedlegalhelp]@Flowers500, do you mean ringing the landlord? If he is choosing to ignore my messages (I get delivery and read notifications), how do I know he will pick his call[/quote]
Well you don’t, but if you need to get an answer surely you would try calling?

You can’t leave early without permission to terminate.

If he is choosing to ignore my messages (I get delivery and read notifications), how do I know he will pick his call

If only there was a way you could find out.

Can you send written notice to him by registered post?

@UhtredRagnarson, I get your message. Thing is, I am anxious not to piss him off even more (not that I did anything to piss him off. I get he could be disappointed that a good tenant wants to leave early, and maybe he has mortgage payments). You know that feeling when you worry you are walking on egg shells. My sleep is now affected.

I must add I have never paid my rent late. I have always paid on time.

What I really don’t get is why he is not under obligation to reply me, or engage with me, or at least tell me his decisions.

I will never ever sign a 12 month tenancy again. What if this happened to me at the 2nd month, then I will have liability for 10 months. Gosh, and no legal options if landlord ghosts me? That doesn’t sound fair to me at all.

The problem is it is entirely at the landlord’s discretion to release you from the lease early. So yes you’re going to need to be the one who puts in all the effort and calls

You have no legal options even if the landlord responds, you only have the ability to ASK him to consider real easing you early. There is no break clause.

12 month AST is pretty standard for the first year of most tenancies OP. If you hope to rent again after this you need to be prepared for that.

Ring him. He will either say “yes- you can leave and I’ll try and re let- buy you’re liable for the costs and rent until I do.” Or he will say “no, you signed a contract, you need to fulfil it.” Which is his right.

@Flowers500, I honestly thought I had a break clause. The estate agent presented the relevant section I quoted in my first post as a break clause. It was explained to me to mean the landlord will readvertise the house, I pay my share of the cost of the advertisement and re-letting, I pay rent till I move out, and I am free to go. I am learning the hard way now, unfortunately, never to trust the estate agents.

Should I have gone to pay a lawyer to explain a tenancy agreement to me? I couldn’t have afforded it. Now experience has taught me a bitter lesson. Hindsight is always wise I guess

I am just sad. Very sad. Depressed.

Who should I blame? I signed the damned contract. Sad sad sad

Crying my eyes out

Here look calm down.

The estate agents have not lied to you, no you did not need a lawyer. The clause does not guanratee you an ability to break the contract, that’s not unusual. It just sets out how you can request to break. It’s harder to get a property that will get you a unilateral right to break.

There are 4 months left, that’s not a lot. Plus you have the deposit in the house. If you got released early you’d probably only get 2 months less of renting there in the best case scenario, plus you’ll be covering bills for the empty period. How much is that in total, can you make it work, even by not paying the last month and letting them take the deposit?

Most landlords will let you break the contract. Just give him a call, if you’ve just texted or emailed twice that’s not a huge load of effort yet.

The landlord is legally obliged to mitigate their loss - ie. to try and relet the property. If they can’t you will be liable.

Before you do anything else have a chat with the Citizen's Advice Bureau or Shelter.

Call him op. But I doubt the landlord will do more than a half hearted attempt to find someone else.