Just signed a 12 month contract on rented house and want to leave

[otheskiestheskies]

We decided to move as we have three kids and were in a 2 bed.

However the relationship is unhealthy.

Does anyone know what the legal position is?

Check the contract. There might be a cooling off period if it has been a very recent thing.

No, unfortunately it's pretty set in stone but what would happen if I left?

You would be liable for the rent presumably.

Can you speak to the Estate Agent? If they can find another tenant they might let you out before the end of the tenancy.

You would defiantly loose your deposit.
Why not talk yo your landlord? He may well let you out of the contract rather than risk you just leaving anyway.

I can't talk to anyone.

What I mean is what happens next? Do I have to stay with him for another year? I'm a SAHM.

Some contracts have a 6 month break clause

Were you supposed to be paying half of the rent ?

No, but DP probably would make me pay if I moved out

How would he "make you pay"?

Well if you moved out and dh wanted to stay, he'd have to pay the rent. He couldn't force you to pay. He could try taking you to court but unlikely.
If you both move out then you will both be liable for the rent until the end of the tenancy which would be much more easily enforced through the courts.
The best option is to hope the tenancy has a break clause and if it doesn't, contact the letting agent or landlord to negotiate one.

Both be liable for the rent, yes

If you are joint tenants then you are, and will continue to be, liable for half of the rent regardless of whether you actually live there or not. You do need to speak to your landlord or letting agent to see if anything can be done legally.

In most properties there's a 6 month break clause so you might have to stick it out till then. If things are really bad could you move in with family rent free and continue paying rent to the old place? It's better than staying in a broken relationship.

Honestly, most landlords are just going to let it go. They have to take you to court and you will not be liable for entire period. You will be liable for financial losses the landlord incurred due to you breaking the contract. Like time the flat is empty while finding a new tenant ( 1-2 months tops, but most likely 2-3 weeks), estate agent fee the landlord pays (a month), inventory fee (75-150, depending on area/flat), etc.

if you just moved in, most landlords are going to be pissed off, but think they've dodged a bullet by letting you go.

You can't lose your deposit because it can't be used by LL for rent loss. The landlord has to take you to court for that.

But please check shelter website - I'm not a legal expert and there is always a huge amount of wrong info on threads like this. Also depends if landlord is just renting former home or has several properties, to gauge how likely you'd see legal action.

If you are joint tenants then you are, and will continue to be, liable for half of the rent regardless

Not if you are joint tenants as actually each of you is responsible for paying all the rent as individuals, not half. That's why landlords tend to prefer the full 4 tenants on the tenancy if possible, more people to chase for rent/costs.

They have to take you to court and you would not be liable for the whole period

Not true. You have a legal obligation to complete the full term unless there's a break clause and your landlord agrees to it.

It's easy and cheap to take somebody to small claims court.

You can't lose your deposit as it can't be used for rent loss

Yes it can!

But please check the shelter website

^
That with bells on!

First thing would be to write a letter requesting to end the tenancy early, I'd even mention the circumstances in case your LL is a softy like me.

If the LL agrees, it may well be with conditions attached such as only once there's a new tenant in and paying, any additional costs to find, check and set up another tenancy early as this isn't a cheap process.

If they agree, the tenancy ends for both of you (assuming joint tenants?) and it's up to your LL if they wish to accept just your husband as sole tenant, in which case a new agreement needs to be signed, the deposit refunded and a new deposit banked for that tenancy, and you need written confirmation your obligation has ended.

Your LL has every right to refuse to end the tenancy early if there is no cooling off period or no break clause and this could leave you liable to ALL rent and costs both as individuals until the fixed term has ended and you end the tenancy in the proper way.

Give Shelter a ring and have a list of questions ready so you have things clear in your own mind.

You're both liable if you both signed it. Sorry but its a 12 month contract. Which means you will have to pay the rent each month as agreed. I've been a Landlord

You can at any time give notice surely, even if it's two months.

Most landlords will be willing to come to an agreement with you - be as reasonable as possible and offer to fully accommodate viewings etc so void periods are avoided.

Technically they could take you court of course, but most will prefer the easier route, especially if you make it as easy as possible.

Don't stay in a crap relationship regardless though. It's never worth it.

Also if you do walk out on the contract, you're likely to get a really bad reference from the landlord, so your chances of renting somewhere else would be slim. Is there no chance your DH would be reasonable?

You can at any time give notice surely, even if it's two months

Not in a fixed term period

Shelter's free housing advice helpline:
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Speak to them. They may ask you to hang on and keep paying until they have a replacement tenant. I let houses and I would rather do that than have a miserable tenant and have done this. The first tenant hadn't realised until he moved in how far it was from his new job. He paid my expenses for me too as a gesture of goodwill. It's a PITA but it must happen all the time.

None Lego