Split up and cannot get out of tenancy agreement

Geneticsbunny · 17/02/2024 09:56

I am sorry that you have split up and I hope you are doing ok?

To be totally fair, it isn't his fault you split up and he will still have maintainence costs and probably a mortgage to cover on the property. He probably can't afford to leave it empty.

I think you are probably just going to have to suck this one up and either both stay there until he finds a new tennant or one of you move in with an undrrstanding friend or relative for a few months?

TinyYellow · 17/02/2024 10:02

Why is is greedy and unreasonable for you to stick to the contract you agreed to?

If anything it’s greedy and unreasonable for you to expect someone else to take the financial burden of your break up that has nothing to do with them.

It is normal for you to have to pay until another tenant is found.

Original poster

lissy8 · 17/02/2024 10:04

But he hasn't found another tenant because he is asking an unreasonable price. It's several hundred a month more than similar flats.

@TinyYellow I'm guessing you are a landlord?

OP posts:

TinyYellow · 17/02/2024 10:48

If he’s marketing it at significantly more than market rate then that’s relevant, but him putting it up higher than you were paying is fine. You would expect rent to rise between tenancies. A 30% rise could be because he’s kept the rent low for years previously or it could be unrealistic greed but regardless, it’s still not greedy or unreasonable for you to be paying rent you owe.

NonmagicMike · 17/02/2024 10:59

It’s not relevant at all what he’s marketing it at. It’s his property and if he wants to try and rent it for a million a month then that’s entirely his business. Not his problem that you’ve had a change of circumstances and can no longer live together. You both signed a contract. You’re both being held to said contract. Not really sure what advice you’re after? Can you advertise it to friends? Stick it on your Facebook / insta / whatever?

Pineapplewaves · 17/02/2024 11:00

You are lucky that your LL is looking for a new tenant and will allow you to leave early once they have found one. If he wanted to he could make you wait until your tenancy agreement ends.

You just need to be patient until a new tenant is found and the LL has the paperwork in place for them to move in.

If you and your ex are currently unable to live together can one of you move in with friends or family free of charge on a temporary basis until everything is sorted? I did this when I found myself in the same situation, moved back in with my parents until new tenants were found (they had room for me whereas ex DP had nowhere else to go).

MeMyBooksAndMyCats · 17/02/2024 11:12

Hardly greedy, it's like any contract you don't magically get away with not paying for a phone if you can't afford the phone contract anymore so why would renting be any different?

Original poster

lissy8 · 17/02/2024 11:16

MeMyBooksAndMyCats · 17/02/2024 11:12

Hardly greedy, it's like any contract you don't magically get away with not paying for a phone if you can't afford the phone contract anymore so why would renting be any different?

Think you have misunderstood. New tenants do not want to take on the flat because the rent is so high, much higher than anything similar. We paid standard market rent.

OP posts:

mrssunshinexxx · 17/02/2024 11:18

Legally your landlord or managing agent should agree to re advertise and you pay for any gap between new tenants moving in so landlord isn't out of pocket

keirakilaney67 · 17/02/2024 11:19

OP, he may be greedy, but you can't do anything. You signed a contract.
The LL has the right to rent their flat out for what they want. You think they should remarket cheaper so someone else takes over but that's not their problem it's yours.

You can assist in finding a new tenant maybe post on FB or something. This is not your job, but, in London where people can't even get a flat I don't see how one even expensive is going empty.

30% rise in 1200 for example is 1560. That's £360 split between a couple it's £100 extra a month and not onerous if the choice is having nowhere else to live.
Your timing is bad because it might have been taken up by students/new graduates had you broken up in September.

Houseplanter · 17/02/2024 11:25

What would you do if you were paying a mortgage on it and couldn't sell?!

Hard luck OP. Your landlord is trying to let you out of the contract.. he didn't have to

Priminister · 17/02/2024 11:49

I know MN hates a landlord but it’s hardly greedy and unreasonable for your landlord to want you to stick to your side of the contract.

Original poster

lissy8 · 17/02/2024 12:21

The LL has the right to rent their flat out for what they want. You think they should remarket cheaper so someone else takes over but that's not their problem it's yours.

Well, yes. It is very much our problem.

From our perspective, we've been model tenants, taken great care of the flat, adhered to all of his (many) rules and been extremely polite and accommodating about everything. We are now in a very difficult financial situation, which would be relieved if he was willing to let the flat at market rate.

OP posts:

keirakilaney67 · 17/02/2024 13:00

lissy8 · 17/02/2024 12:21

The LL has the right to rent their flat out for what they want. You think they should remarket cheaper so someone else takes over but that's not their problem it's yours.

Well, yes. It is very much our problem.

From our perspective, we've been model tenants, taken great care of the flat, adhered to all of his (many) rules and been extremely polite and accommodating about everything. We are now in a very difficult financial situation, which would be relieved if he was willing to let the flat at market rate.

And so?
Look, I get that you're trapped. I sympathise with you and my intention isn't to kick you when you're already down.

But you seem to be implying that, because you've been such great tenants, he should re-let the flat at market rate and release you from your obligations ASAP. Which isn't true. Maybe morally he should but that doesn't change the legal position which is the only thing that matters.

Anyway, this is Property & DIY. Not AIBU. Your question - can you do anything?

Short answer - apart from changing his mind? No.

No matter how evil, immoral etc you think he is. The answer remains the same. You can ask him directly, write to the agent, etc but unless he changes his mind you're stuck. Maybe ring Shelter, but they're likely to tell you what's already on their website, which is the same what we're saying.

https://england.shelter.org.uk/housingadvice/privaterenting/how_to_end_a_fixed_term_tenancy_early

Now had you asked for advice BEFORE leaving you may have options... subletting maybe, one of you staying on etc but now you've moved out those are useless.

fyi Not a LL, rented for the best part of a decade so certainly not on anybody's 'side.

How to end a fixed term tenancy early - Shelter England

You can only end a fixed term tenancy early if your contract has a break clause or by negotiating with your landlord.

https://england.shelter.org.uk/housing_advice/private_renting/how_to_end_a_fixed_term_tenancy_early

MissLucyEyelesbarrow · 17/02/2024 13:07

So your LL is willing to let you out of your lease 7 months early, which he is under no obligation to do, and you're still not happy? Maybe he had a fixed mortgage that has ended, and his mortgage costs have gone up 30%?

I wish the UK had better rental options and less reliance on small LLs so, in that regard, YANBU but your individual LL is doing nothing wrong.

PickledPurplePickle · 17/02/2024 13:07

You signed a contract, the landlord doesn't have to let you end it early

These are the risks that you take when you sign up for a lease

Justasking49 · 17/02/2024 13:16

Sorry I'm a little confused. So you left before the contract was up due to spliting up. So do do you now have 2 lots of rent to pay ?

MewMame · 17/02/2024 13:22

So many landlords on this thread!

Sorry no real advice OP, just commisserations. Obviously he’s being a shit human to hike it that much while readvertising. Can you ask if he’d be alright with you trying to find a short term subletter for a bit less than you were paying and live in a room share to make the difference or something? Not a great situation but might be a way through?

Startingagainandagain · 17/02/2024 13:23

I am usually not a fan of landlords but in this case yours is not doing anything wrong...

You signed a 12 month contract without a break close.

He would be perfectly legally entitled to ask you and your ex to continue to pay the rent until the end of the tenancy.

You are actually lucky and should be grateful that he is willing to consider finding new tenants only 5 months into the contract.

He might decide to revise the rent down to get someone in but frankly you are the one who is inconveniencing him, not the other way around so it is not for you to decide what amount of rent he needs to charge to the next tenant.

It is not his fault you split up with your partner.

JessicaPeach · 17/02/2024 13:40

I am a landlord and when my tenants needed to leave early we remarketed at the same rent as it seemed the fair thing to do. The alternative as a landlord is that the tenants just stop paying and that obviously increases the headache and the cost. I would tell the agent you can't afford to pay it now (but don't stop paying yet) and see if that refocuses the landlord on the rent!

Twiglets1 · 18/02/2024 06:08

I don’t really understand why you BOTH moved out - surely one could have stayed as you knew you were still liable to continue paying the rent until the end of the 12 months. The other one could have subsided them as it wouldn’t be fair for the one who stayed to have to find all the rent on their own suddenly but it would have made more sense than the flat sitting empty while you both possibly pay rent somewhere else (or live at home?)

I doubt there is anything you can do about the current situation but wait it out & hard lessons learned. Sorry you’re going through such a shit time.

WandaWonder · 18/02/2024 06:19

lissy8 · 17/02/2024 09:38

Split up with my partner but unfortunately we are still in a 12-month lease with no break clause. There's about seven months left on it. Neither of us can afford to keep living there and it's a one bed so it's not like one can get another tenant.

Our landlord said we must keep paying rent until he finds a new tenant. But he has put the property on the market with a 30% rent increase! It's been two months already and no new tenant. It's a busy area of London and it should be easy to fill the place in a matter of days.

Is there anything we can do? We have been really good tenants. The flat is clean and empty as we have both left London now. I know that legally we have to keep paying but it seems so greedy and unreasonable.

Why is it greedy? It is a legal binding contract you both signed it is not 'sign here but don't worry if you break up its ok just stop paying rent'

It is not the landlords fault

Unknown63 · 21/08/2024 13:38

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