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Thread: Need advice on leaving let agreement early

  1. #17
    The late but legendary peterb - Onward and Upward peterb's Avatar
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    Re: Need advice on leaving let agreement early

    Quote Originally Posted by Terbinator View Post
    Now, IANAL, but what are the chances of us both being taken to a SCC do you think, given that there would "only"be £525 at stake?
    If you were the landlord, would you be willing to shrug off £525?

    (And as per scaryjim's post, it is actually £1,050 as the landlord cannot legally offset the rent against the deposit)
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    Re: Need advice on leaving let agreement early

    Hm, tricky one. I've been on both ends having been a renter in the past and until recently renting my house out.

    It depends on the wording of the contract, a contract is a contract. One set of tenants I had had been in for 12 months and then were offered the option of 12, 6 or a 1 month rolling rental. They opted for the 1 months rolling (ie we had a months notice before they left), having been a renter myself I know life doesn't always fall neatly into 6 month blocks and as they had been there for quite a while that was fine.

    Mind you it may depend on your landlord, I would have been flexible as they had been in for over 12 months and been good tenants but then I wasn't relying on that money to pay a mortgage and I imagine a landlord who is may take a different stance.

    By the way minor things like replacing bulbs is the responsibility of the tenant using the property in a 'tenant like way' according to citizens advice.

    As for maybe bolting without paying some months rent well, having taken a landlord to court who didn't give us our deposit back many years ago we found it both easy and cheap so don't be surprised if you find yourself involved in a small claims case.

    My advice, talk to your estate agent and ask them to put your position to the landlord, they may very well be understanding. You should have their details somewhere though, ours certainly had our details.
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  3. #19
    RIP Peterb ik9000's Avatar
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    Re: Need advice on leaving let agreement early

    Quote Originally Posted by peterb View Post
    If you were the landlord, would you be willing to shrug off £525?

    (And as per scaryjim's post, it is actually £1,050 as the landlord cannot legally offset the rent against the deposit)
    his PCM is £695 so at 2 months rent that is £1390 the landlord could go to court for ex any additional costs/compensation. Nice to have my understanding corroborated though.

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    Re: Need advice on leaving let agreement early

    In terms of notice for ending a fixed term tenancy, certainly in 2013 (the last year I rented) the law was pretty black and white. There was some good case law on it. When the contract ends, it ends. I.e. if the contract says that it ends October 31st 2017 but requires the tenant to give 2 months notice if they do not intend to extend there is no need to do that. Because the contract ends October 31st 2017. The notification is there in that the contract has an end date.

    For this discussion, I would under no circumstances just up and leave. You are liable to pay the rent for the term of the contract unless mutually agreed. If you do get it mutually agreed, get it either as an email or in writing. Most agreements also make all tenants jointly and severally liable as well. I.e. the agency/landlord can chase up any one tenant for the whole amount owed.
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  5. #21
    RIP Peterb ik9000's Avatar
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    Re: Need advice on leaving let agreement early

    You're out of date, there were a raft of changes brought in for ASTs commencing on or after October 2015. As with anything legal it is the terms of the lease the OP signed that will govern. Statutory defaults apply where there is ambiguity or omission in the signed terms, otherwise the agreed terms apply (unless they are deemed to be unfair terms - which would need to be decided by a judge/magistrate at some point if a dispute arose). As several posts have said - Citizens Advice Bureau is there to assist with just this kind of stuff, they are trained legal professionals and up-to-date in the law.

    Even before 2015 the end date only applied if the landlord had served notice that he required repossession of the property. This had to be done using the correct form (6a) served at the correct time, with the correct wording. The current situation is that the times it can be served have been tightened (you can no-longer serve it on the day a tenant signs the contract, and the landlord has to have complied with all their requirements regarding EPCs, tenant deposit protection and so forth, or it is invalid!). All the leases I have seen in recent years require the tenant to serve notice before leaving (reasonable action so the landlord knows to find a replacement).

    The OP wants to leave BEFORE the end of his agreed contract period, therefore there is no ambiguity - he is in an agreed term of contract and there is no way he can simply walk away.
    Last edited by ik9000; 25-08-2017 at 01:14 PM.

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    Re: Need advice on leaving let agreement early

    Please don't walk away, its not worth it. See your contract to the end, two months will soon fly by.
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