Possible to end tenancy early?

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    Possible to end tenancy early?

    I’m having a truly horrific time in my new rental property and after an incident with LL today I’ve decided I cannot stay here. I’ve signed a 12 month assured shorthold tenancy and LL is in breach of the agreed terms on multiple counts. I do not feel safe here anymore and despite the exorbitant cost and stress of moving again I simply cannot bare to stay. What are my options in the eyes of the law? Any guidance much appreciated.

    #2
    Unfortunately breaches to AST tenancy contracts (no matter how severe) are not a reason to terminate those contracts (Indeed contracts don't seem to matter much )

    Without specific detail it is hard to say more.

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      #3
      How has LL breached the TA?

      Comment


        #4
        If you fear for your safety then this sounds significant. What exactly happened, and what are the landlord’s obligation in your Tenancy Agreement which he broke?

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          #5
          Call the experts shelter 0808 800 4444
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            #6 Unapproved
            22-09-2020, 16:27 PM
            I wrote about the issues on a previous post, one of these problems escalated to unbelievable proportions. Long story short is that I checked ahead of moving in/signing that LL’s belongings would be removed from garage (I need it for storage), this was agreed and added to tenancy agreement, it’s clear as day in black and white. Moving in day found garage loaded with LL belongings and note that said ‘this is my half of the garage’. After a month of asking for them to be removed (and racking up storage costs for my own belongings in meantime) I followed advice I received here and sent letting agent notice to remove writhing 14 days or I would pay for removal and storage and deduct from next rent payment. Letting agent was supportive but explained LL is hostile and not co-operating, would I compromise? I offered to clear the items (it’s total junk) for them and said a couple of bits of furniture could remain, it was agreed they would collect their stuff this Monday. I asked for a time as I’d need to arrange for paid help to help me remove my belongings so they could access theirs, they would not give appt time even though I explained I’d be charged per hour whilst I waited and obviously didn’t want my stuff out on the street unsupervised all day. They agreed to around a certain time but said they couldn’t guarantee. Difficult at every step (and this is just one of many issues with them and property).

            When they arrived on Monday my removals guys were here to help, LL swore at them for not having stuff removed already and they came and spoke to me as to what was meant to be moved as LL and her contractor (who I’ve since discovered is actually her boyfriend) had given different instructions (rudely) and spoke ill of me in their presence, calling me ‘that bitch’. When I went to speak with them, politely offering tea and explaining my removals guys would move my stuff outside so they could take theirs, the ‘contractor’ got aggressive and said they would be moving all their stuff to one side of garage. I explained that’s not what was agreed, and he went ballistic, like Donald Trump, I’m going to build a wall down the middle this is OUR side. I’m not very good with conflict and was shook, LL was sitting on floor in silence with face like thunder and making faces at me. I offered to show them tenancy and explained there had been misunderstanding, and contractor continued angry rant and stormed off.

            Eventually returned and said if my contractors removed their stuff they would come back in 90 mins to take it away. Despite this incurring additional cost for me I was desperate and agreed. They did not return, piles of crap still on my drive. Apparently they’re coming Thursday. I’m fairly certain from their erratic behaviours that they’re addicts, my removals Guy was shocked at how bizarre it was, the letting agent has explained to them numerous times what was formally agreed and has said how difficult they are. They live just a few houses down from me, have keys to my house (they let themselves in to my garage on Monday) and as they were leaving they both said with smirks on their faces ‘I hope you find your cat!’ then drive off pissing themselves laughing. My cat has been missing 10 days and this weird comment and reaction from them made me think they’ve done something to him.

            It makes no sense to me that they would dispute the garage storage given it was full of junk they don’t want and I offered to clear. There are numerous other issues with property that they refuse to address, burglar alarm battery was melting and giving off a rotten egg stink (super dangerous) I was trying to PAY for the maintainance co to fix it but needed their permission as it’s registered to them and they wouldn’t give it, even though an independent electrician had condemned the alarm and told me and them it was significant fire risk, they said there was nothing wrong with alarm and to leave alone. It took 5 weeks to get that sorted. So many more crazy issues I cannot list them all...

            After meeting them it’s clear there’s either a mental health or drug issue because their behaviours are and have been thoroughly bizarre. Letting agent is sympathetic but cannot act without their permission. I’ve since learned it’s owned by two sisters, one wanted to sell (it was on market for two years) and other rent, the one being difficult is the one who wants to sell, I’m guessing they’re being hostile to drive me out so they can get their way. We’ve had trespassers in the garden leaving gates open (I installed dog proof fencing) so my dog can escape and as said my cat who is old and never leaves garden vanished into thin air.
            I feel very vulnerable as their behaviour is so unpredictable and just want out. This is NOT what I signed up for. Their tosh out paint job is now revealing serious damp issues amongst many things and I’m just devastated about it all.

            Comment


              #7
              The only way to end the tenancy early is with the landlord's agreement.

              But
              First of all, you need to find somewhere else to live and, probably, move there.
              Then take the keys to the agent and offer to surrender the tenancy and hand the keys over.
              Then keep your eye on the property.

              When the landlord accepts the surrender, the tenancy (and your liability for rent) ends.
              The landlord (and the agent working for them) don't have to accept the surrender, but will probably do so by their conduct - by letting themselves in or storing stuff in the garage again.

              They'll probably make a claim on the deposit, so you'd have to argue that the surrender ended the tenancy and you might win.
              You might not.

              They may try and sue you for the rent (or for the costs of re-letting the property or whatever).
              So you need to be able to show that you surrendered the tenancy on date xx/xx/xxxx and it was clearly accepted because of [whatever evidence you have].
              It's possible that they won't bother making a claim, but they probably will.

              That's about the best you can do.

              I'm sorry, but there's a reasonable chance that your cat has hidden itself away to die and they've found it somewhere.
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


                #8
                My cat wasn’t that old or sick, we have had numerous sightings of him some 20 miles away and believe someone has dumped him there. We’re still searching for him.
                Thanks for your advice it’s much appreciated, I’ll start looking for somewhere else. I’m hoping that their appalling conduct and breaches of agreement will support my case if they’re to sue me for rent.

                Comment


                  #9
                  Originally posted by May79 View Post
                  Thanks for your advice it’s much appreciated, I’ll start looking for somewhere else. I’m hoping that their appalling conduct and breaches of agreement will support my case if they’re to sue me for rent.
                  While it's possible that your account might make a judge more sympathetic to your side of the case, it shouldn't make a lot of difference.

                  A fixed term is a fixed term and you'd be relying on the landlord agreeing to something that they don't have to or doing something they don't have to.
                  It's a risk, but I can see that you can't carry on living like that.

                  Who is actually named as the landlord on the tenancy agreement?
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment


                    #10
                    There are two landlords on my tenancy agreement, siblings. I’ve just turned the heating on for first time and found most radiators don’t work and thermostat is broken. Damp patches now appearing all over house which were clearly painted over as the paint is flaking off. I’m beside myself. I don’t want to be here and am devastated that I’ve moved from one property riddled with problems to another that’s even worse with psychotic landlords. If any landlords are reading this please understand the stress this kind of stuff causes your tenants. I haven’t even finished unpacking and am now thinking what is even the point? I’ve been in limbo for almost a year with the old property waiting to move and now I feel like I cannot settle here either. As a single mum alone with 4 kids it’s just too much. It cost me almost 10k to move and I feel on the verge of a breakdown with all the hassle and never ending problems since I moved in. Still haven’t got deposit back from my old scum bag landlord. Don’t rent a house if you don’t want to maintain it! This is my fourth rental in 10 years and I seem to find a worse landlord than the one before every time. Never ever again, I’m going to work every hour god sends so I can buy. Tonight I’m sleeping in a bedroom with a hole in the window and no heating!

                    Comment


                      #11
                      Speak to environmental health at your local authority. Ask them to come and look at the property with a view to taking enforcement action. As well there is usually a housing liason officer at the LA, you could speak to them too. Unfortunately bad landlords sully the industry for the rest of us, please get in touch with the LA as they can help.

                      Comment


                        #12
                        As said above, get the LA involved with their enviro health dept....... then speak with the housing dept given if you do not find anything else you will need emergency accommodation, but with the support of the council it may assist you. I can understand the pressure you are under with 4 children and renting, there is no real security of tenure for you all, if you can you really do need to get into council housing, it is far more secure and regulated that the private sector (put aside the legislation, council is best in your situation). I know there are very limited houses available from the council but at least start the process.

                        Comment


                          #13
                          Originally posted by AndrewDod View Post
                          Without specific detail it is hard to say more.

                          https://forums.landlordzone.co.uk/fo...h-new-ll-agent
                          Thunderbirds are go

                          Comment


                            #14
                            Thank you for all the kind advice. I am meeting with a solicitor next week with a view to taking some harder action that will hopefully get things moving. Still no response from letting agent regards faulty heating and thermostat so it’s as much them dragging their feet as the LL.

                            Comment


                              #15
                              Originally posted by theartfullodger View Post
                              Call the experts shelter 0808 800 4444
                              Please, for your own sake. They are free.

                              Many solicitors are very nice, know about divorce and buying/selling property but next to nothing about landlord/tenant law.
                              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                              Comment

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