Need advice on leaving let agreement early

[Terbinator]

Long story short - me and my GF have split-up and have two months left on our tenancy agreement.

The first of those payments(£695PCM) is the 28th of this month followed by same date in September.

I'd spoken to the estate agents on Saturday who appeared to indicate we could leave our agreement early but it would mean fore-fitting our deposit (£795, IIRC) and the landlord may leave us a bad credit rating. I've just spoken to a different guy at the estate agents who has said that the LL is well within his right to take us to a small claims court for the money due to breach of contract.

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?

[ik9000]

Have you lived there for more than 6 months? The AST guarantees residence for 6 months each way, after that the standard terms default to one months notice each way. So you give notice at the point of rent payment that it will be your last month. Check the wording in YOUR lease - that is what will govern. The agent is being a bit unhelpful, the deposit cannot be witheld for anything other than breach of contract or damage to the property/inventory, and only then the amount witheld has to be demonstrated to be fair and reasonable. It will be in a protected scheme to ensure this. (Btw If they haven't put it in one they are breaking the law and you have them by the short and curlys.)

However, and this is important, if you leave by mutual consent with the LL that is NOT breach of contract. Ask the agent to put you in touch with the LL and explain the situation. Sept is a much better time of year to find a tenant than Nov when people are hunkering down ahead of the Chirstmas season. If the LL has any sense he will let you leave if a new tenant can be quickly lined up. If you can find a tenant and line them up then all the barriers tend to melt away very rapidly.

If he's completely inflexible then also consider one of you staying in the flat and getting someone in for the last 2 months, or if it's a one bed you'll just have to agree how you will both cover the costs. DO NOT just up and leave - that will put you in a world of pain. If you can't agree with the LL stay and pay the rent, give notice with 1 month to go that you're not renewing and demand prompt inventory checks and deposit repayment when you leave. (Law is they cannot unreasonably withold deposit - if they try it go to citizen's advice and start the small claims process).

Edit: Regarding chances of court, quite high. It would cost him £30, he has a lease agreement with your name on it, and a term of contract that by your own admission is still ongoing. It would take them all of 5 minutes to rule against you, and you would end up with a CCJ against you that would shaft your credit rating for years and years to come. DO NOT GO DOWN THIS ROUTE - it will cost YOU a lot more than £525 in the long run, believe me.

One last edit, most AST also have a clause stating that the deposit cannot be used to offset against rent. It is to protect the fixtures and fittings etc, and give the landlord protection against damage to such items, whilst also giving an incentive for the tenant to behave themselves and stick out their tenancy. However, the LL can go to court to get lost rent even if there was no deposit, so the small claims court would actually award him two months rent, and costs, and YOU would then be left trying to persuade the 3rd party deposit scheme that they should repay you your deposit. 2 months is a long time for a vindictive agent/LL to "find" some reasons why you owe them money from that deposit. Especially if you've already given back the keys.

[Terbinator]

Have you lived there for more than 6 months? The AST guarantees residence for 6 months each way, after that the standard terms default to one months notice each way. So you give notice at the point of rent payment that it will be your last month. Check the wording in YOUR lease - that is what will govern. The agent is being a bit unhelpful, the deposit cannot be witheld for anything other than breach of contract or damage to the property/inventory, and only then the amount witheld has to be demonstrated to be fair and reasonable. It will be in a protected scheme to ensure this. (Btw If they haven't put it in one they are breaking the law and you have them by the short and curlys.

We've lived here for almost 16 months, initial 12 month contract and then extended again in April.

The flat is in complete working order. We've even replaced some of the bulbs ourselves.

However, and this is important, if you leave by mutual consent with the LL that is NOT breach of contract. Ask the agent to put you in touch with the LL and explain the situation. Sept is a much better time of year to find a tenant than Nov when people are hunkering down ahead of the Christmas season. If the LL has any sense he will let you leave if a new tenant can be quickly lined up. If you can find a tenant and line them up then all the barriers tend to melt away very rapidly.

Can we demanded to be put in touch with the LL? I've never had to do anything like this before.

If he's completely inflexible then also consider one of you staying in the flat and getting someone in for the last 2 months, or if it's a one bed you'll just have to agree how you will both cover the costs. DO NOT just up and leave - that will put you in a world of pain. If you can't agree with the LL stay and pay the rent, give notice with 1 month to go that you're not renewing and demand prompt inventory checks and deposit repayment when you leave. (Law is they cannot unreasonably withold deposit - if they try it go to citizen's advice and start the small claims process).

I don't think living together is really an option. 1 bed apartment etc.

[jimbouk]

Depends on the contract as to whether the deposit is held against non-payment of rent or just the condition of the property. Have a read. But you are both (most likely) individually and jointly liable for the remaining two months rent. They may go after the main earner of the two of you as an easier target just. I've only had to threaten to take the an agent to court over the deposit not the other way round so don't know the odds (local lot in Bath, they backed down quickly). Who's the agent? Someone might have experience of dealing with them specifically who can assist better.

Saying that the landlord is probably a reasonable individual. If you can speak to them directly then a deal can probably be done. Sooner the better though! The best result for the landlord is that they don't see a break in the money coming in. If the agents can find replacement tenants asap then everyone wins (aside from the agents having to do some work). Might be pay a months rent and move out immediately but get your deposit back or similar. At least then you're making a reasonable attempt to stop them losing money which will look good should it ever go to court (though make sure the agent is informed of formal offers in writing in this case).

Is one of you able to stay in the flat for the remaining time? Can you come a an arrangement where you split the rent 80/20 or similar just to get through the last two months? Is there anyone you know who needs a bed for a couple of months who could help out whilst you crash on the couch?

ps sorry to hear about the break up, hope you can work it out.

[ik9000]

We've lived here for almost 16 months, initial 12 month contract and then extended again in April.

was the agreement extended on a rolling basis or did you sign a new AST? If the former you should be able to simply serve your notice period and leave. If the latter I'm afraid you are still in your minimum period, cannot leave until at least 6 months (so end October/start Nov) and need to find a way to make it work.

Can we demanded to be put in touch with the LL?

Legally your tenancy agreement must include the name and address of the Landlord, even if the agent is listed as the main day-to-day contact address. If you are out of your min contract period (6months) then ask the agent to put you in touch with the landlord - that is quite reasonable in the circumstances. If he refuses dig out the lease, and write to him the old fashioned way explaining that the agent is unreasonably refusing to put you in contact and you are not certain that your request has been forwarded so you are writing to make sure. Be polite and get someone else to read it over before you post it, but this is quite acceptable. So long as you don't bombard the guy with needless correspondence etc.

Edit, and when you come to serve notice of leaving ensure this is done in writing to both the agent and the landlord, by recorded delivery. It must arrive on or before the day your rent payment is due, otherwise the month doesn't start until the next payment date, for some quirk that I've not fully understood.

NB in all this i am not a lawyer, just passing on my understanding on all this. Citizens' Advice Bureau is there to help with a fuller legal interogation and proper advice.

[spacein_vader]

was the agreement extended on a rolling basis or did you sign a new AST? If the former you should be able to simply serve your notice period and leave. If the latter I'm afraid you are still in your minimum period, cannot leave until at least 6 months (so end October/start Nov) and need to find a way to make it work.



Legally your tenancy agreement must include the name and address of the Landlord, even if the agent is listed as the main day-to-day contact address. If you are out of your min contract period (6months) then ask the agent to put you in touch with the landlord - that is quite reasonable in the circumstances. If he refuses dig out the lease, and write to him the old fashioned way explaining that the agent is unreasonably refusing to put you in contact and you are not certain that your request has been forwarded so you are writing to make sure. Be polite and get someone else to read it over before you post it, but this is quite acceptable. So long as you don't bombard the guy with needless correspondence etc.

Edit, and when you come to serve notice of leaving ensure this is done in writing to both the agent and the landlord, by recorded delivery. It must arrive on or before the day your rent payment is due, otherwise the month doesn't start until the next payment date, for some quirk that I've not fully understood.

NB in all this i am not a lawyer, just passing on my understanding on all this. Citizens' Advice Bureau is there to help with a fuller legal interogation and proper advice.

Even better, if he did sign a new contract for another 6 months (as opposed to a rolling AST,) you don't have to provide any notice at all. If it says contract until November 30th you can just move out on or before that date and hand them the keys back.

Also don't send the notice by any delivery method that requires a signature, if nobody is there or refuses to sign notice isn't served. A letter sent first class is legally assumed to be received 2 days after posting so its proof of postage you want, not proof of delivery.

[ik9000]

Even better, if he did sign a new contract for another 6 months (as opposed to a rolling AST,) you don't have to provide any notice at all. If it says contract until November 30th you can just move out on or before that date and hand them the keys back.

Also don't send the notice by any delivery method that requires a signature, if nobody is there or refuses to sign notice isn't served. A letter sent first class is legally assumed to be received 2 days after posting so its proof of postage you want, not proof of delivery.

Err, no you send it recorded delivery guaranteed next day. It says when they delivered it. This is not the same as signed for. One is RM confirming when they deliver it, by scanning the barcode. The other is getting a signature. You need this independent proof to use to get your deposit back if they try to claim you didn't tell them in time and moved out "early".

And no, if he signed a new AST the contract is renewed as if he had signed a new AST. You are simply incorrect that he can walkaway. And at no point, even on a rolling contract, can someone simply hand back the keys. The minimum notice period always applies. Default is 1 month tenant to Landlord, 2 months Landlord to tenant unless stipulated otherwise in the tenancy agreement. This also applies should the landlord allow a tenant to stay beyond the end of their agreed tenancy period without requesting a new agreement be signed. That is the law, and a tenant would be very foolish indeed to listen to your advice to hand back the keys and walkaway. They would be on a very sticky wicket if they did so.

You are confusing fixed term tenancies and periodic tenancies. The difficulty being that an Assured Shorthold Tenancy has a fixed period which then transititions into a periodic tenancy, the periods of each being defined in the tenancy agreement. The tenant could choose to leave at the end of the fixed period, but will still need to give notice as I have never seen a real life agreement where this is not a stipulated term of the contract. And if they leave early they remain liable for the rent up to the end of the fixed period, whether or not they reside there. That is a how a fixed term tenancy works. (see my next post below for more info)

[spacein_vader]

Err, no you send it recorded delivery guaranteed next day. It says when they delivered it. This is not the same as signed for. One is RM confirming when they deliver it, by scanning the barcode. The other is getting a signature. You need this independent proof to use to get your deposit back if they try to claim you didn't tell them in time and moved out "early".

And no, if he signed a new AST the contract is renewed as if he had signed a new AST. You are simply incorrect that he can walkaway. And at no point, even on a rolling contract, can someone simply hand back the keys. The minimum notice period always applies. Default is 1 month tenant to Landlord, 2 months Landlord to tenant unless stipulated otherwise in the tenancy agreement. This also applies should the landlord allow a tenant to stay beyond the end of their agreed tenancy period without requesting a new agreement be signed. That is the law, and a tenant would be very foolish indeed to listen to your advice to hand back the keys and walkaway. They would be on a very sticky wicket if they did so.

You misunderstand me, on a rolling contract he definitely can't just hand the keys in I agree. But, if he signed another 6 month FIXED contract then he can leave on the date that fixes term ends without further notice.

You're right on recorded delivery though. I thought you meant Signed For, which would be a bad idea in this case.

[ik9000]

presumably you have seen the paragraph on here: https://www.landlordzone.co.uk/infor...rthold-tenancy

which says

At the end of the fixed term the tenancy ends and under statutory rules there is no stipulation that the tenant must give notice. The tenant can leave without giving notice, providing they leave before or on the last day of the tenancy. However, if the contract stipulates a formal notice period then the tenants should comply with this.

I would refer you and the OP to the bit in bold, and recommend the OP make jolly sure he knows what the terms of his agreement are. I would also direct you to the paragraph above which says:

With a periodic tenancy the tenant can give notice (one full tenancy period) at any time and leave quickly, but likewise the landlord can give notice (two full tenancy periods) at any time as well.

[ik9000]

You misunderstand me, on a rolling contract he definitely can't just hand the keys in I agree. But, if he signed another 6 month FIXED contract then he can leave on the date that fixes term ends without further notice.

yes, but from his above posts he renewed in April, which I fear means he is committed until October. He wants to leave now, and he could leave and hand back the keys but he still has to pay the full rent for the 6 months. Hence it would make more sense to live there and pay the rent. Otherwise he's having to pay to live somewhere else too!

[spacein_vader]

yes, but from his above posts he renewed in April, which I fear means he is committed until October. He wants to leave now, and he could leave and hand back the keys but he still has to pay the full rent for the 6 months. Hence it would make more sense to live there and pay the rent. Otherwise he's having to pay to live somewhere else too!

Definitely. Rereading it seems he's having problems with the agents, but as someone else mentioned the landlord will be listed somewhere in the lease so they can be contacted direct.

[ik9000]

Definitely. Rereading it seems he's having problems with the agents, but as someone else mentioned the landlord will be listed somewhere in the lease so they can be contacted direct.

I have to be honest, if he is within the initial 6month period it's not worth contacting the LL. But he's been there for over a year, so the LL might take pity on him, but he doesn't have to, and the outcome might well be that he is told to cough up until October when he can leave. If I were a LL I would not accept a loss of rent at short notice, but I would accept a notice period and the tenant saying he'll honour the rent up to the end of the fixed term, OR i would accept the current tenant finding a suitable* replacement AND covering the agent's fees involved in doing the check-out, credit checks and check-in process. Save for signing a few forms, in that situation the difference to me, other than a new tenant, is negligible. And if I needed to I could increase the rent at the same time should the market have moved on since the last agreement was signed.

*(suitable in the LL's opinion)

[peterb]

I am not a lawyer - but this is where you need professional advice - at the very least from someone like the CAB, preferably a solicitor so you are absolutely clear on your legal position so you can then try negotiating a better position.

[Jonj1611]

I agree with Peter, everyone will have their views but no one knows for sure. Get proper advice, in circumstances likes this I really wouldn't leave it to an internet forum

[ik9000]

mine comes from experience. I once had to pay double rent for 6 months when a flat mate moved out. Believe me I looked into it. A lot

[scaryjim]

Am I a lawyer? No.

Have both me and my partner worked in private housing or closely related fields? Yes. Have we taken it on ourselves to do an extensive study of tenancy law? Yes. Did I buy a house because I got sick of landlords NOT knowing that law? Yes.

If you signed a new six month tenancy then yes, you are liable for the rent for the whole period. You deposit isn't a payment of rent, should never be used for outstanding rent, and the fact that you paid a deposit doesn't allow you to not pay any part of your rent, even if it would cover the outstanding amount. Many landlords will deduct outstanding rent from the deposit, but you cannot fail to pay rent just because your landlord took a deposit.

Anyone telling you can "leave your agreement early" is talking cow dung. You're contracted to pay rent to the end of your contract (this is why you should *never* get talked into signing a new tenancy at the end of the original OST - watch out for that next time you rent!). If you try leaving without paying any of the rent that's still outstanding, I reckon there's a pretty good chance you'll be chased for it - they may go through small claims, but they're more likely to use a recovery company. That means you're almost guaranteed to get defaults marked against your credit rating, which is a bad thing (tm), and be continuously harassed until you pay. Also they'll whack charges on top of the original debt, which you'll also have to pay before you can get the default cleared off your credit rating.

And incidentally, there's a reasonable chance the landlord will find something to take deductions from your deposit for, in which case you could end up owing more than you think. And if you've breached contract and left the tenancy early, you're unlikely to get a huge amount of sympathy should you need to challenge the requested deductions.

Plus, you could kiss the chance of getting another rented property in the near future goodbye, because you would not get a decent reference off them for your next letting.

In other words, trying to avoid paying the last two months of your rent is a really bad plan. Please don't do it. I know it sucks, but presumably you need somewhere to live for the next two months anyway ... so why not see the tenancy out?

EDIT:

Can we demanded to be put in touch with the LL? I've never had to do anything like this before.

The letting agent is legally required to provide you with the landlord's address if you request it in writing (although this may be a business address).