T redundancy- leave early? Would it affect future lets?

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    T redundancy- leave early? Would it affect future lets?

    My husband and I work in the same company and are about to be made redundant. We signed a two year tenancy in January 2010 and having looked at the LHA rates we will not get anywhere near enough HB to cover the rent.

    We have always paid our rent on time each month here and in our last properties (been renting together for around 4 years). What worries me is that when we have to leave here we wont get anywhere else due to having to leave early.

    Thank you

    #2
    Leaving part way - where do we stand?

    As per my last question, we are likely to have to move out shortly. We are in an agreement until January 2012.

    Will we have to lose all of our deposit due to breaking the agreement?

    Can the landlord chase us for the rest of the money due for the next 19 months?

    The landlord is the builder therefore not someone who is waiting to pay their mortgage - we are dealing with a large company

    Thank you

    Comment


      #3
      Originally posted by mrsb1979 View Post
      What worries me is that when we have to leave here we wont get anywhere else due to having to leave early.
      If you want a genuine answer to your question, you might want to expand on the above statement (there seems to be a clue in the subject of your post).

      Personally as a landlord I've experienced two tenants being made redundant in recent years. One of them kept the whole thing hidden from me, stopped paying rent completely, wouldn't answer phone calls or the door, and eventually had to be prised out by the courts and left owing me a substantial amount of rent arrears.

      In the second instance, the tenant approached me as soon as he found out the bad news, asked if he could be released from the contract early and was very cooperative with viewings for replacement tenants. I would have no problem with giving him an excellent reference.

      So you can probably see that the simple answer to your question is 'it depends'.

      Comment


        #4
        Thank you for your reply

        I am not sure what you mean when you say expand on the statement?

        ""What worries me is that when we have to leave here we wont get anywhere else due to having to leave early""

        What I was saying is that we pay a lot of rent here for a large house. We wont be able to pay our rent and the benefit wont come close. We dont intend on staying on benefits and will both try to get jobs asap but I cant see we will get the same salaries as we are currently earning so we will need to find somewhere smaller. My concern is that we will get rejected for applications to rent properties in the future as we have not been able to fulfil our obligations here.

        We are of course going to be up front with the current company and not just stop paying, ignoring calls etc. I am just thinking long term after this mess has been sorted out

        Thank you

        Comment


          #5
          What does your tenancy agreement say about your deposit?

          The landlord can pursue you for breaking the contract, but he should try and put someone in the property to offset his/your losses.

          He couldn't simply go to court in 20 months time, and expect to get a judgement for all of the rent that was payable.
          Allow tenants to protect their own deposits. I want free money when they do it wrong

          Comment


            #6
            Housing Issue

            I would have a chat with the landlord and explain your situation.

            Not all are total tyrants (though some are) and they may be in a postion to assist you along the way.

            It would appear to be in everybody's favour to do so.

            IE

            Comment


              #7
              Originally posted by thesaint View Post
              What does your tenancy agreement say about your deposit?

              The landlord can pursue you for breaking the contract, but he should try and put someone in the property to offset his/your losses.

              He couldn't simply go to court in 20 months time, and expect to get a judgement for all of the rent that was payable.
              L has NO duty to mitigate loss. See the case of Reichman v. Gauntlett: http://www.bailii.org/cgi-bin/markup...method=boolean
              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


                #8
                Originally posted by jeffrey View Post
                L has NO duty to mitigate loss. See the case of Reichman v. Gauntlett: http://www.bailii.org/cgi-bin/markup...method=boolean

                The link is dead.

                I didn't say he had a duty.
                So a judge would simply award for the full term in my example?
                Allow tenants to protect their own deposits. I want free money when they do it wrong

                Comment


                  #9
                  Originally posted by thesaint View Post
                  The link is dead.
                  Try http://www.bailii.org/cgi-bin/markup...method=boolean.

                  Originally posted by thesaint View Post
                  So a judge would simply award for the full term in my example?
                  That's what the case holds, yes.
                  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


                    #10
                    Originally posted by jeffrey View Post
                    Try http://www.bailii.org/cgi-bin/markup...method=boolean.


                    That's what the case holds, yes.
                    Thanks for that.
                    A useful bargaining tool to use when the tenants plan to "do one" mid term.
                    Allow tenants to protect their own deposits. I want free money when they do it wrong

                    Comment


                      #11
                      sorry to hear about the redundancies & I wish you all the best.

                      my T tried to wriggle out of his 12 month fix claiming all sorts of things. It miffed me right off that he did not just tell the truth & ask if he could surrender early.

                      anyway, to cut a v long story short new T found, old T gone & continuity of occupation & income lives on.

                      Moral of the story is speak nicely to the LL, ask for a premature surrender & offer to be as cooperative re move date, viewings etc. It is in yr interest.

                      Hope it helps & you get yrself back on yr feet soon.

                      I will probably decline the chance to give outgoing T a ref other than to confirm his ID.

                      Comment

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