New and foreigner - how to get out early?

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  • New and foreigner - how to get out early?

    Hello,

    My daughter is studying in london and letting a flat with a now ex-boyfirend.

    The situation is getting quite difficult and the smarter thing to do would be to get out of the lease before it's term. Can that be done and how ?

    Here in Switzerland, anyone can get out of a lease early provided they can propose a replacement tennant (with financial capacity) to replace. Is there such a usage in the UK ?

    Thanks in advance for your replies.

    Cheers
    Marc

  • #2
    Your daughter and her ex-boyfriend are in principle liable for the whole of the rent for the whole of the fixed term and there is no automatic right to leave the tenancy early.

    The LL may however be willing to grant her an early surrender if she (or her boyfriend) finds a suitable replacement tenant and if she pays any costs associated with that e.g. advertising, re-issuing/reassigning of contract, etc. She needs to speak to the LL or to the letting agent if the property is managed by one. If the LA isn't very interested (people changing places mid-tenancy makes work for them and some letting agents are allergic to work), then it would be worth speaking to the LL direct. In the end, if he refuses, then she (or someone, e.g bf) must pay for the whole fixed term, I'm afraid.

    When does the fixed term end?
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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    • #3
      Thank you for the fast reply.

      Then she needs to put on a smile and go negotiate.

      Next one: how are the leasing contracts (I haven't seen it) drafted in the UK : will the contract automatically start over for a defined period of time if not formally cancelled by the tenant ?

      What is the usual notice for a tenants contract (she has a 12 month contract) ?

      Thanks

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      • #4
        Originally posted by mfettara View Post
        Thank you for the fast reply.

        Then she needs to put on a smile and go negotiate.
        Next one: how are the leasing contracts (I haven't seen it) drafted in the UK : will the contract automatically start over for a defined period of time if not formally cancelled by the tenant ?
        They can be for any period of time, however once the fixed term is up, the tenant has no obligation to stay. They can stay if they want, and if they do stay even one day over the fixed term, they then have to give due notice, which is a minimum of one month.
        What is the usual notice for a tenants contract (she has a 12 month contract) ?
        Usually 6 or 12 months, although student lets are usually longer than 6 months because the educational year is longer than 6 months.

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        • #5
          Originally posted by Snorkerz View Post
          ...student lets are usually longer than 6 months because the educational year is longer than 6 months.
          Only in a strictly chronological sense. The student 'clubbing/partying/year' is considerably longer, I've noticed.
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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          • #6
            Yet the student-learning year is far shorter: often only a few hours every week or so for perhaps one-third of the year (depending on parties).
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

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            • #7
              Originally posted by jeffrey View Post
              Yet the student-learning year is far shorter: often only a few hours every week or so for perhaps one-third of the year (depending on parties).
              I think that's just for students studing soft subjects like law.

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              • #8
                You think or you know?
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment


                • #9
                  Originally posted by mfettara View Post
                  Next one: how are the leasing contracts (I haven't seen it) drafted in the UK : will the contract automatically start over for a defined period of time if not formally cancelled by the tenant ?
                  If this is an assured shorthold tenancy, in England/Wales, with rent less than £2,083.33 per month, then, when the fixed term expires, and no renewal contract is signed, and the tenant remains in occupation, what is called a periodic tenancy automatically arises. Assuming the rent is paid monthly, this means that the tenancy continues on a month by month basis. The terms of the original contract remain the same, except for notice periods.


                  What is the usual notice for a tenants contract (she has a 12 month contract) ?
                  The tenant cannot give notice to end the tenancy during the fixed term (the tenant is obviously free to move out sooner, but will remain liable for rent either up to the end of the fixed term, or up to the date the landlord re-lets the property, as the latter would show that the landlord has accepted a surrender). No notice whatsoever is legally required if the tenant wishes to end the tenancy on the last day of the fixed term and moves out before midnight on the last day.

                  If the tenancy has become periodic, then the tenant must give at least one month's notice to end the tenancy, and the landlord must give at least two months. In either case, the notice must also expire at the end of a rental 'period'. Assuming rent is paid monthly, and if, for example, the fixed term expired on 15th July, the rental periods would start on the 16th July and run 16th July - 15th August, and so on.

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                  • #10
                    Originally posted by Mrs Mug View Post
                    I think that's just for students studing soft subjects like law.
                    I agree; Law, Media; Golf Course Management; David Beckham Studies - the dossy subjects.
                    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                    • #11
                      Much as I hate golf (good walk spoiled), Golf Course Management is actually an excellent degree for people who do want a career in the industry...

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                      • #12
                        Originally posted by Pelican eats pigeon View Post
                        Much as I hate golf (good walk spoiled), Golf Course Management is actually an excellent degree for people who do want a career in the industry...
                        But golf courses are not industries - and why do you need to do a degree course to learn how to mow grass and dig a few very small holes?
                        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                        • #13
                          Well, I would count 50,000 odd employees (and they must be pretty odd to want a career in golf) as an industry of a kind.

                          But more to the point, people don't really do those degrees to get into greenkeeping, they do them to get into anything from professional coaching to the operational management of courses/events etc. I think it was the Sunday Times Magazine that had a good article on the subject a few months ago.

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                          • #14
                            Originally posted by Pelican eats pigeon View Post
                            Well, I would count 50,000 odd employees (and they must be pretty odd to want a career in golf) as an industry of a kind.

                            But more to the point, people don't really do those degrees to get into greenkeeping, they do them to get into anything from professional coaching to the operational management of courses/events etc. I think it was the Sunday Times Magazine that had a good article on the subject a few months ago.
                            I didn't see the article, but I am unconvinced that expensive degree courses are the best way to train people for vocational posts, especially when up to 30% of students drop out of such courses in their first year alone. (It's about 15% for non-vocational courses, which is bad enough in itself).
                            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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