How to end your tenancy agreement if moving abroad?

[j.o.s.h.1408]

HI.

I currently live in London renting a flat that is owned by a large corporation and have been there for while now.

I signed a new tenancy extension for another year back in February and during this process I asked the landlord if they could add a break out clause. They refused to and was left with no choice but to resign for now.

I am planning to move abroad within the next 3-6months or whenever the right opportunity presents itself and i feel stuck. I feel trapped and wondering if there are ways I can cut short my tenancy agreement if I had to leave, say next month to live and work abroad?

Am i stuck here until next year February when my current contract ends? I am worried that i am missing out on opportunities abroad as i can't leave until the end of my tenancy and i am asking for some advice on what i could do in this situation?

How do people with similar dilemmas handle a situation like this? Or if you as a person were looking to even buy your own property? Buying a property or moving abroad is very difficult to time perfectly along the end of a tenancy agreement and wondering if there are ways to end it in the right manner?

[Saracen999]

Based on my extensive property legal training, otherwise known as listening to lawyers on consumer affairs radio shows (*) you best bet is to negotiate with the landlord. Most, if reasonable, will be happy if you can find an acceptable replacement, subject of course to how they regard "acceptable". You can't assume they'll accept just anybody.

Failing that, in the absence of any escape/break clauses, you might find yourself tied to the contract. What I would suggest is a serious reading of the contract and, preferably, ask an actual lawyer for advice.

However .... if you just break the contract and go abroad, it does beg the question of what options the landlord has? You would presumably kiss any deposit goodbye, and may end up with a bad credit mark on your record here but if you move abroad is ling-term or permanent, I wonder how damaging that would be. If you're coming back after a year or two, then that's not so bright a strategy (if it ever was).

As I said, if the landlord is reasonable, you might be able to organise a deal. For example, pay 20% of the rent that would be due. If the property is highly lettable, the landlord gets that and his property back to re-rent, and you get out cheap.

But after all's said and done, you did sign a contract that you now (tentatively) want out of and that usually means costs. IMHO, of course.



(*) In other words, IANAL, and comments hare should be considered commentary on a social forum and not construed as 'advice'. No responsibility is accepted if you drop yourself in the sh... ahhh, mess, as a result.

[pp05]

Under normal conditions this is by mutual agreement. I wouldn't describe this year as normal times.

Usually if you're dealing with individual landlords rather than corporate, you say 'My circumstances have changed and I need to leave earlier than planne. I'm offering to pay fixed price of xy or I'll pay until you find a tenant and happy to accomodate viewings in the meantime to allow this to happen'. Sometimes a new agreement is written up to allow for this flexible arrangement to happen. So like Saracen says, speak to someone who does tenancy related work about how to make that offer. Ultimately if they don't accept, then your contract doesn't end until February.

[philehidiot]

Explosives. Going by the mantra that "there is no personal situation which can not be adequately resolved with a suitable application of high explosives".

Failing this, pressurised gas, a BBQ lighter and a 555 timer. Watch for shards of glass.

Failing this, lightly unscrew a pipe and seed lots of black mould, making the place unsuitable for human habitation.

Failing this, become a royal PITA, such as they kick you out. Late night parties, etc. If you don't want to have late night parties, sleep in noise cancelling headphones and set the ghetto blaster.... blasting.

I do know someone who has breached multiple rental contracts and has had zero comeback from it. Even got a mortgage recently. Lost deposits but that is it. I don't think he even had a dent in his credit score as it was just too much like hard work for them.

He did negotiate his way out of a short term let however, the landlord took him on with the knowledge that it was temporary. I think he lost a month's rent as the landlord took that as their time to find someone else. It got him out of a bind and was reasonable.

You might look under what used to be the unfair terms in consumer contracts laws, which I think are now in the consumer rights act. Not having any kind of breakout clause for a change in personal circumstances might be seen as unreasonable.

I haven't read it, but this may help: https://www.moneysavingexpert.com/mo...nt-a-property/

Which says this:

"Can I move before the end of my tenancy agreement?

How quickly and easily you can leave will depend on whether you're still within a fixed term of a tenancy or not.

If you’re in a fixed term tenancy, check if your tenancy agreement contains a ‘break clause'. This allows you to end the agreement before the end of the tenancy. If it doesn’t include this clause, you won’t be able to end the tenancy early unless your landlord agrees you can. If you leave without an agreement, you'll be liable to pay the rest of rent up to the end of the contract period, or until someone else starts renting the property - whichever is sooner."

The question there is whether they are mandated to find someone else or if they can keep taking your money and leaving it unlet, saving them money on upkeep and advertising, etc.

[pp05]

The question there is whether they are mandated to find someone else or if they can keep taking your money and leaving it unlet, saving them money on upkeep and advertising, etc.

Generally speaking they have to find someone as quick as they can. But with covid etc, if things takes a month longer or more, then he still foots the bill for that. That's not within their control.

Another suggestion could be he finds a tenant, does all the checks that he went through, then offer to pass it to the landlord for early termination. If they accept then it's all good. As long as property in good condition their losses are minimal and he loses nothing either.

[philehidiot]

Generally speaking they have to find someone as quick as they can. But with covid etc, if things takes a month longer or more, then he still foots the bill for that. That's not within their control.

Another suggestion could be he finds a tenant, does all the checks that he went through, then offer to pass it to the landlord for early termination. If they accept then it's all good. As long as property in good condition their losses are minimal and he loses nothing either.

Or he could take advantage of moving abroad and fake his own death.

[Kumagoro]

It seems reasonable that they should be able to advertise it and you are only on the hook for the money it costs in terms of doing contracts and credit searches and stuff. Assuming people move in when you move out.

If they don't let you then I would string them along when it comes to renewing, if you are still there, telling you then you are interested and when they finally say pay we are not going to renew, so then from coming around citing quiet enjoyment which trumps any contractual innovating about having people come going to view etc. At least then they would lose some money for being greedy.

Or air bnb it and pay a cleaner to take care of it.

[philehidiot]

Or air bnb it and pay a cleaner to take care of it.

Is that subletting?

[Millennium]

Is that subletting?

Yep - sorry.

[philehidiot]

TURN IT INTO A BROTHEL!

You'll have your contract terminated like THAT.