Ending rental fixed term contract early

sandstormsy · 20/06/2024 15:23

Is there a break clause in your contract? Sometimes there is a 6 month break clause which would let you get out of it early.

Aside from that, legally they do not have to agree and if they did not then you'd have to pay rent for the rest of your contract. Presuming you've now signed a contract for the new place you'd be liable for that too.

However hopefully since you are offering to pay and rentals get snatched up around you, the landlord may agree. I've been in this situation before and the landlord agreed, partly because it meant he could increase the rent for the next person.

So in conclusion, hopefully your landlord will agree but if he decides not to you are really in quite a pickle.

I suppose you could agree that you'll pay rent up until a new person is found and moves in. My understanding is that they couldn't legally continue charging you rent once another person moves in.

Obviously they wouldn't want the house empty so presumably they would be cooperative with this plan. Beware that there may be something in your contract that says it has the house has to be your main place of domicile. I don't know what happens as a consequence of breaking that.

If things start getting messy like that I would definitely advise contacting Shelter to advise on the best course of action. Hopefully it will all go smoothly.

Original poster

Lefmry · 20/06/2024 15:31

Thank you @sandstormsy!

I have been reading our contract for the last 2 hours and there is nothing in it that states what would happen if we wish to end the contract early. So I’m struggling a little to understand it. I just hope the landlord is understanding, I know that technically he doesn’t have to be, but we have lived here and caused no issues for 3+ years so it would be devastating to leave on bad terms! 😩

We haven’t signed a contract yet for the new rental but I will be awfully upset to have to let it go! With each house we have applied for over the last two months we have been up against fierce competition, so I know the demand is very high. I do think he could put the rent up higher after what we’ve seen whilst searching. Although he has put it up 3 times now and we’ve obliged with each signed contract.

Argh, fingers crossed for us.

OP posts:

Youdontevengohere · 20/06/2024 15:35

When I was in this situation the landlord told me that if he could find someone else to rent to then he’d release me from the contract early, otherwise I’d be liable until the end of the tenancy, which I thought was fair enough.

sandstormsy · 20/06/2024 15:36

Lefmry · 20/06/2024 15:31

Thank you @sandstormsy!

I have been reading our contract for the last 2 hours and there is nothing in it that states what would happen if we wish to end the contract early. So I’m struggling a little to understand it. I just hope the landlord is understanding, I know that technically he doesn’t have to be, but we have lived here and caused no issues for 3+ years so it would be devastating to leave on bad terms! 😩

We haven’t signed a contract yet for the new rental but I will be awfully upset to have to let it go! With each house we have applied for over the last two months we have been up against fierce competition, so I know the demand is very high. I do think he could put the rent up higher after what we’ve seen whilst searching. Although he has put it up 3 times now and we’ve obliged with each signed contract.

Argh, fingers crossed for us.

It's hard but try not to worry too much until you hear back. You've obviously been good tenants and you have good reasons for wanting to go. Life happens. There's every chance he will have a very human and understanding response and will work with you to make this work.

And more coldly and logically, I'm sure he doesn't want tenants in his house who don't actually want to be there especially if it means sacrificing the otherwise good relationship you have.

Good luck with it and let us know what he says.

TeenagersAngst · 20/06/2024 15:39

Is all the paperwork in order? Has your deposit been protected, gas/elec safety certificates etc? If not, the landlord is in a weaker bargaining position.

But yes, ultimately, you've signed a contract and you're now seeking to break it. Ask him and see what he says.

TeenagersAngst · 20/06/2024 15:40

And the reality is that even if you just moved out and surrendered the tenancy mid fixed term, the LL would have little to no chance of getting the rent out of you. The courts don't have time and aren't interested anymore in LLs.

KievLoverTwo · 20/06/2024 16:26

Lefmry · 20/06/2024 15:31

Thank you @sandstormsy!

I have been reading our contract for the last 2 hours and there is nothing in it that states what would happen if we wish to end the contract early. So I’m struggling a little to understand it. I just hope the landlord is understanding, I know that technically he doesn’t have to be, but we have lived here and caused no issues for 3+ years so it would be devastating to leave on bad terms! 😩

We haven’t signed a contract yet for the new rental but I will be awfully upset to have to let it go! With each house we have applied for over the last two months we have been up against fierce competition, so I know the demand is very high. I do think he could put the rent up higher after what we’ve seen whilst searching. Although he has put it up 3 times now and we’ve obliged with each signed contract.

Argh, fingers crossed for us.

I have been reading our contract for the last 2 hours and there is nothing in it that states what would happen if we wish to end the contract early.

There won't be. Leases are written to confuse renters.

Is there any mention of a break clause in it?

Original poster

Lefmry · 20/06/2024 16:39

KievLoverTwo · 20/06/2024 16:26

I have been reading our contract for the last 2 hours and there is nothing in it that states what would happen if we wish to end the contract early.

There won't be. Leases are written to confuse renters.

Is there any mention of a break clause in it?

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Nope unfortunately 😩 There is an entire section about terminating the contract and it says ‘at the termination of the tenancy or its sooner determination’ and yeah, the whole thing is leaving me confused. But it only goes on about leaving it essentially in the state we found it. Have rang estate agents again and they have no update as the woman dealing with us is now out of the office, they said they’d get the branch manager to call us but it was over an hour a go and nothing! 😩

OP posts:

KievLoverTwo · 20/06/2024 16:44

Lefmry · 20/06/2024 16:39

Nope unfortunately 😩 There is an entire section about terminating the contract and it says ‘at the termination of the tenancy or its sooner determination’ and yeah, the whole thing is leaving me confused. But it only goes on about leaving it essentially in the state we found it. Have rang estate agents again and they have no update as the woman dealing with us is now out of the office, they said they’d get the branch manager to call us but it was over an hour a go and nothing! 😩

Edited

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Estate agents are slow... stop panicking. When's the baby due?

Your best best is to plead a growing family, say it was unplanned, the house will be overcrowded, that you are happy to help with viewings, and see if they'll let you out of your lease.

As long as you're in an area where places rent quite quickly, I imagine the EA will rub their hands in glee at charging the LL a second set of fees, and being able to ask for a far higher rent with a new tenant in the near future.

Original poster

Lefmry · 20/06/2024 16:52

KievLoverTwo · 20/06/2024 16:44

Estate agents are slow... stop panicking. When's the baby due?

Your best best is to plead a growing family, say it was unplanned, the house will be overcrowded, that you are happy to help with viewings, and see if they'll let you out of your lease.

As long as you're in an area where places rent quite quickly, I imagine the EA will rub their hands in glee at charging the LL a second set of fees, and being able to ask for a far higher rent with a new tenant in the near future.

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You are right that I need to stop panicking!

Baby is due at the very end of August so it’s sort of now or never tbh!

We will definitely plead our case, I did think surely they don’t want an overcrowded rental. I am even considering offering to keep the deposit for the trouble it may have caused but my partner is telling me to stop being silly! 😂

Who knows they may come back being completely fine with it and all this worrying is for nothing!

OP posts:

KievLoverTwo · 20/06/2024 16:56

Lefmry · 20/06/2024 16:52

You are right that I need to stop panicking!

Baby is due at the very end of August so it’s sort of now or never tbh!

We will definitely plead our case, I did think surely they don’t want an overcrowded rental. I am even considering offering to keep the deposit for the trouble it may have caused but my partner is telling me to stop being silly! 😂

Who knows they may come back being completely fine with it and all this worrying is for nothing!

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You're not being silly, you're being a mum.

What date was the new agreement signed in Feb? Or was it Jan or March?

Karmatime · 20/06/2024 17:05

I was a landlord in this situation and the agents responded with no flexibility, they said the tenant would be liable for rent until a new tenant is found and would also have to pay my letting costs (a few hundred pounds). They (the tenants) contacted me directly and I agreed to let them leave on an agreed date with no penalty. They had been great tenants and I understood their circumstances. It helped that they gave 2 months notice anyway. If you have a good relationship with your landlord then hopefully they will understand but in my experience letting agents will stick to the contract terms unless the landlord instructs them otherwise.

Karmatime · 20/06/2024 17:07

PS Your deposit will be held in a protected scheme so it can’t be used as ‘compensation’ and also shouldn’t be.

Original poster

Lefmry · 20/06/2024 17:25

Karmatime · 20/06/2024 17:07

PS Your deposit will be held in a protected scheme so it can’t be used as ‘compensation’ and also shouldn’t be.

Oh of course, it was said in a moment of desperation! 😂

I hope my landlord is as understanding as you were to your tenants. I really hope so. Fingers crossed we will hear something tomorrow now!

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Peonies007 · 20/06/2024 18:07

Lefmry · 20/06/2024 15:07

Hi everyone just looking for a bit of advice really. We have just secured a new rental after searching for the past two months. We need a new place as we are growing by another family member (currently 4 of us in a fairly small 2 bed house) and also my son has been accepted in to a specialist school that he will be starting in September and the new house is near by so it’s perfect.

A bit of background information.. we have been in this house just over 3 years now and have treated it like our own home. Done repairs ourselves and have had a very good relationship with the landlord as in we’ve caused him no trouble whatsoever. If not for the surprise pregnancy I’m sure we’d have stayed for another number of years as we do really like this house.

Of course as my title suggests we are in a fixed term contract (signed a new 12 month one 4 months a go and pregnancy wasn’t known then) and wondering does anybody have any advice or experience in this situation?

We are more than happy to allow viewings etc, happy to pay admin fees and the fees for putting the house back on the market. Renting is in very high demand where we live so I have no doubts it would be snatched up asap. We have let the estate agents know, just waiting to hear back from them in regards to what the landlord has said.

Has anybody ever been in this situation before?

I was in the same situation in 2012. Got pregnant, wanted to move in with fiance. I put it to my landlord, we had two viewings, was rented out again. I think I ended uo paying something like £200 or £300 for paperwork but it worked out ok.

Original poster

Lefmry · 21/06/2024 19:49

No update yet. Had a voicemail on my partners phone from the estate agents whilst he was at work asking us to call them back. Annoyingly they didn’t try calling me and the endless amount of times I tried calling them myself this afternoon nobody answered.. hopefully somebody is in tomorrow who can talk to us as I don’t think I can bare waiting and worrying all weekend over it.

OP posts:

Original poster

Lefmry · 22/06/2024 11:22

Finally got in touch with the estate agents this morning for an update from the landlord.

Good news is the landlord is letting us go and allowing us to terminate our contract early, phew. We’ve got to allow viewings this Wednesday which I’ve said is totally fine and have given them a 2 hour slot to work out so the 18 month won’t be occupying a bedroom napping and the 5 year old will be at school.

We are going to have to pay a fee of about £500 as apparently it’s cost the landlord money to renew our contract. To save hassle I’ve said it’s fine, I am just grateful to be allowed to leave early. But am I right in thinking this money for the contract is inevitable for the landlord to have to pay anyway? Wouldn’t he have to have paid it had we left and not signed a new contract? Or he would have to pay it anyway if he made us stay till next year and gotten new tenants once we’d left then?

Either way I’ve said it’s okay, I just have this niggling feeling it’s the estate agents pushing for us to pay it and not the landlord like a PP said the other day. Oh well, at least we get to leave and move in to our new house! 🥳

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Whatevershallidowithmylife · 22/06/2024 11:32

Yes the LL would have same expenses if you terminated at the end of the contract but these would be 8 months away, not 4 months in. They could easily have made you pay for the remaining 8 months so you've landed very lucky.

friendlycat · 22/06/2024 11:32

Glad you got the result you wanted. I think I would not quibble about the £500 however annoying. You are being released from a contract very early and it could have gone the other way. Take the win and move forward.

curious79 · 22/06/2024 11:35

By law, a 12 month contract must have a 6mth break clause so you should be able to exit within the next two months.
I would speak to the landlord direct if you've had a good relationship to date.
Then a lawyer

Original poster

Lefmry · 22/06/2024 11:37

Oh for sure, please don’t think I’m complaining I’m really genuinely happy about being allowed to go early and I’m not arguing it at all, just wanted to make sense of the one off fee really. Like I said I truly believe it’s the estate agents enforcing it and not the landlord himself by the sounds of it. But hey, it’s better than being forced to stay for another 8 months.

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Hoppinggreen · 22/06/2024 11:42

curious79 · 22/06/2024 11:35

By law, a 12 month contract must have a 6mth break clause so you should be able to exit within the next two months.
I would speak to the landlord direct if you've had a good relationship to date.
Then a lawyer

No it doesnt
I negotiate Rental contracts regularly and while I do often ask for a 6 month break clause I rarely get one.

Youdontevengohere · 22/06/2024 11:44

Lefmry · 22/06/2024 11:22

Finally got in touch with the estate agents this morning for an update from the landlord.

Good news is the landlord is letting us go and allowing us to terminate our contract early, phew. We’ve got to allow viewings this Wednesday which I’ve said is totally fine and have given them a 2 hour slot to work out so the 18 month won’t be occupying a bedroom napping and the 5 year old will be at school.

We are going to have to pay a fee of about £500 as apparently it’s cost the landlord money to renew our contract. To save hassle I’ve said it’s fine, I am just grateful to be allowed to leave early. But am I right in thinking this money for the contract is inevitable for the landlord to have to pay anyway? Wouldn’t he have to have paid it had we left and not signed a new contract? Or he would have to pay it anyway if he made us stay till next year and gotten new tenants once we’d left then?

Either way I’ve said it’s okay, I just have this niggling feeling it’s the estate agents pushing for us to pay it and not the landlord like a PP said the other day. Oh well, at least we get to leave and move in to our new house! 🥳

But they’re having to do it twice now… your renewal, then a new tenant, in the space of 4 months. It’s extra admin costs they wouldn’t have incurred otherwise. Whether that amounts to £500 is another question, but frankly he’s doing you a big favour letting you leave your contract early so I’d let it go.

YouveGotAFastCar · 22/06/2024 11:45

curious79 · 22/06/2024 11:35

By law, a 12 month contract must have a 6mth break clause so you should be able to exit within the next two months.
I would speak to the landlord direct if you've had a good relationship to date.
Then a lawyer

What law?

I've got a law degree, and although I've never worked directly with housing, I'm familiar with reading laws. I've never found any evidence of this, and I looked when I rented. Unless you negotiate one in, I don't believe there's any legal requirement for there to be a break clause at all.

Hoppinggreen · 22/06/2024 11:52

YouveGotAFastCar · 22/06/2024 11:45

What law?

I've got a law degree, and although I've never worked directly with housing, I'm familiar with reading laws. I've never found any evidence of this, and I looked when I rented. Unless you negotiate one in, I don't believe there's any legal requirement for there to be a break clause at all.

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No Law
its completely untrue