T wants to end Letting early- rights to do so?

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    T wants to end Letting early- rights to do so?

    I am trying to leave my 12 month lease 3 months early and have a place to move to.

    I have tried to get a new tenant for the LL, there is a possible, but it's been stressful.

    There is a clause in my contract that states that if I break the agreement without LL consent, I am liable for remaining rent. Does this count as a "buy-out" clause and give me an option he can't refuse if finding a tenant fails?

    Alternatively, could I legally "live" in the 2 places, just checking my old home and paying its bills until the term runs out?

    #2
    Whether you stay until the fixed term ends or you leave early, you are obliged to pay the rent until the fixed term ends. L has no duty to mitigate loss.
    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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      #3
      Thanks Jeffrey

      Could you confirm that this is what you are saying?

      I can legally "live" in both homes?
      and he doesn't have to accept a termination sum?

      Comment


        #4
        What I am saying: Whether you stay until the fixed term ends or you leave early, you are obliged to pay the rent until the fixed term ends. L has no duty to mitigate loss. L does not care where you live: only that you pay the rent until the fixed term of your tenancy of this property expires.
        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


          #5
          Yes - there's no problem with "living" in both homes, however you could offer the LL some money to surrender the tenancy and therefore save yourself Council tax and standing charges on the utilities and the hassle of having 2 properties.

          This gives the LL the oportunity to re rent it out to maximisie his return.

          Start by offering him 2 months rent (the month you owe for notice, plus another month) if the LL doesn't accept say that you'll not be accomodating for viewings and he'll then risk a void.

          Comment


            #6
            So, if this prospective tenant doesn't pull thru and doesn't sign, can I simply buy myself out of the lease?

            Comment


              #7
              Only if L voluntarily agrees. What part of my last two posts is confusing you?
              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
                Reason I ask is because the LL is not in the country and has made it blatantly obvious that he's gonna use my attempt to break early against me to give as little help as possible. The reason I have done it is because I misunderstood a break clause which was written differently to how he explained verbally (yeah, yeah stupid of me, but he conned me) and his behaviour has been reprehensible - misleading me/misinformation etc.

                Finding a new tenant was stressful enough as it was, I want to understand if that falls thru if he can legally refuse me on these options. i.e. could he refuse me on living in both homes because he doesn't have a way of checking I'm actually doing that? I gave him 5 weeks notice, but now there's only 3 weeks left, so could he refuse me on the "buy-out" clause because that's not enough time for him to re-let? It's obvious he hadn't put the necessary processes in place for me to leave (e.g. letting agent).
                Last edited by tbone; 06-07-2010, 15:06 PM. Reason: misspelling

                Comment


                  #9
                  L can require you to keep to your word, just as you can require him to keep to his. You are bound for the rest of the fixed term.
                  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
                    Hi
                    In circumstances like this we would remarket the property to look for a new tenant
                    You as the tenant would be responsible for the rent until a new tt was found.
                    You would pay your monthly rent as normal. Now if a tenant was found mid term and you are looking for a early release when that new tenant pays and signs the tenancy a pro rata amount is returned to the old tenant and they are release from the contract minus a percentage for the landlords relet fees.
                    This is in agreement with the ll and should it not be acceptable then yes you are tied into the tenancy

                    Comment


                      #11
                      Originally posted by worzelgummage View Post
                      Yes - there's no problem with "living" in both homes, however you could offer the LL some money to surrender the tenancy and therefore save yourself Council tax and standing charges on the utilities and the hassle of having 2 properties.
                      I think you will find there is no requirement to pay two lots of council tax, simply tell the council you have moved out and now live at such and such an address. The same goes for utilities, tell them you have left and give the meter readings, it's their problem then.
                      I offer no guarantee that anything I say is correct. wysiwyg

                      Comment


                        #12
                        Tbone

                        I think previous posts, whilst correct, may have confused you. If you stayed in the property until the end of the tenancy, you would end up paying what? 3 months rent?

                        Providing you pay that much to the landlord, now or in installments, then you can do what you want.

                        worzelgummage's suggestion is that you first offer the landlord an amount equal to 2 months rent. This will save you one months rent but will also allow the landlord to rent out the property before the 3 months is up - so he will gain too (win-win).

                        Comment


                          #13
                          I had a work colleague (barrister) look at this and he said the AST was a standard 12 months fixed term with 6 month break clause. This means I'm within my rights to move.

                          Only thing is that on page 2 it says "with option to break at 6 months". Does this override what my colleague said and mean I could only move at 6 months or the end?

                          Comment


                            #14
                            Originally posted by 1elle View Post
                            I had a work colleague (barrister) look at this and he said the AST was a standard 12 months fixed term with 6 month break clause. This means I'm within my rights to move.

                            Only thing is that on page 2 it says "with option to break at 6 months". Does this override what my colleague said and mean I could only move at 6 months or the end?
                            If the clause is exactly as you have written, then yes it is only at 6 months or at 12 months. If you have paraphrased it, let us know the exact wording as it may make a difference.

                            EDIT: 1elle - are you also Tbone, if not, could you start your own thread as it may confuse issues

                            Comment


                              #15
                              At the back we get under "notes for new tenants"

                              "Your Tenancy Agreement is an Assured Shorthold Tenancy for a fixed term of 12 months with a 6 month break clause. There is NO PROVISION for the early termination of this tenancy. This means that by signing the agreement you are undertaking to pay rent for the full period. You cannot give notice to quit during this period and if you leave the property without the Landlord's consent and before the end of the fixed term, you are still liable for all the rent due until the end of the tenancy"

                              The notice period is one month.

                              My work colleague told me that that meant I could move any time after 6 months - this is a standard wording for AST with break clause.

                              However on the front it says "option to break at 6 months". Does this then override what my work colleague said?

                              PS: I am also Tbone
                              Last edited by 1elle; 06-07-2010, 21:49 PM. Reason: clarification

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