Can T end tenancy early (during fixed term)?

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    Can T end tenancy early (during fixed term)?

    I am a tenant living in a rented house owned by the next door neighbour. We have an assured shorthold tenancy agreement setup for 6 months but we need to end this early as we have been advised to move for our safety by social services and the police (nothing to do with the property or landlord)

    How do I stand in a situation like this? I pay monthly rent of £500 and a lettings agent holds a deposit of £500.

    How much notice do I have to give legally in this situation and will I get my deposit back? We have only lived here for just under two months of the 6 months agreement.

    Thanks

    #2
    Tenant leaving early (after 7 mths. of 12 mth. term)

    Hi

    My tenents left today about 7 months in to a 1 year contract. The contract also said they would give me 30 days notice they only game me 20. On top of that I had to travel back to where the flat was so I could sign them out i.e collect keys and check the place was ok.

    I have found new tenents which will move in next week. I had to pay a agent to find these tenents for me so obviously I had to pay an agency fee.

    They gave me a £800 deposit which is currently with the DPS.

    My question is a simple one what deductions can I make from there deposit?

    Can I deduct the agency fee for finding me a new tenent?
    Can I deduct for the fact they did not give me the full 30 day notice? i.e 10 days rent?
    Can I deduct for the petrol cost of having to come and sign them out?

    Thanks for any info.

    Rizo

    Comment


      #3
      If its a one year fixed term they are bound to pay rent to the end of the fixed period or until you get a new tenant, unless you say it is OK for them to walk away.

      Did you say it was ok for them to walk away?

      The cost of checking out would happen even if they stayed for the whole time so I don't think you can charge for it unless you warned them before the tenancy. The others are ok as long as you made it clear that you were not letting them off without penalty.

      A LL needs to be on top of the situation before it happens. Education is key here. Otherwise tenants will walk all over you.
      All posts in good faith, but do not rely on them

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      Comment


        #4
        Originally posted by Bel View Post
        If its a one year fixed term they are bound to pay rent to the end of the fixed period or until you get a new tenant, unless you say it is OK for them to walk away.

        Did you say it was ok for them to walk away?

        The cost of checking out would happen even if they stayed for the whole time so I don't think you can charge for it unless you warned them before the tenancy. The others are ok as long as you made it clear that you were not letting them off without penalty.

        A LL needs to be on top of the situation before it happens. Education is key here. Otherwise tenants will walk all over you.
        No I did not say it was ok for them to walk away.

        The contract says after the first 6 months they have to give me 30 days notice to leave. Thats why I think I can only keep hold of 1 weeks rent. Is that right?

        Comment


          #5
          Sounds fair then.

          30 days is unusual. What AST did you use?

          I hope you protected their deposit.

          Its not fair to charge them reletting fees in this case.
          All posts in good faith, but do not rely on them

          * * * * * ** * * * * * * * * * * * *

          You can search the forums here:

          Comment


            #6
            Leaving a 12 month contract early

            I am only two month into a 12 month contract and want to get out of it but have no break clause.

            What's the best way to deal with this and what sort of costs could I legally face if he agrees to this? i.e. can he demand money to release me from the contract?)

            Thanks

            Comment


              #7
              1. You can't unless L allows it.
              2. L can make you pay rent for all the unexpired term. There is NO duty on L to mitigate loss.
              3. You could nevertheless offer L a proportion of the remaining rent in commutation (and in consideration of L accepting voluntarily your surrender of the term).
              4. You could even be helpful to L by finding an equally honest (but perhaps more reliable) prospective T. IF this arrangement is acceptable to L and he lets to T2, the day on which T2 becomes legally liable for rent is the day on which you (T1) stop being liable- except for any arrears which may have already fallen due.
              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
                Ending tenancy early

                A landlord friend of mine has a tenant who is 4 months through her 6 month fixed term tenancy . Landlord hasn't been at all pleased with this tenant and was going to issue a S.21 asap.
                She has seen the tenant tonight and it turns out she wants to leave anyway. Tenant is also willing to pay her rent until the end of the fixed term yet leave very soon. The landlord is obviously very happy and will get this in writing. However, is it still ok to relet her room once she has gone even though she has paid her rent for the period. I guess it is but would be interested to see what you think.
                Thanks
                Alidee

                Comment


                  #9
                  If the property is re-let before expiry then you would have to return any overpaid rent to the previous tenant. You can only have one effective TA at any one time, so you only have one legal tenant at any one time. You should either wait until the end of the current agreement or make a return of rent.
                  The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                  Comment


                    #10
                    Many thanks for replying Paul. She was thinking of getting it in writing that the tenancy had been ended mutually between landlord and tenant and in theory this 'rent' was compensation for ending the agreement early.
                    I know what you are saying and I would personllly leave the room empty until the end of the six months.
                    Will pass this on to her and let her decide.
                    Thanks again
                    Alidee

                    Comment


                      #11
                      Rent paid for a period in advance is irrecoverable even if the tenancy comes to an end before the expiry of the period in respect of which rent is paid. (If you want authority for that you'll have to consult Woodfall.)

                      Whilst in theory there should be a surrender by deed, if the tenant signs to say she is leaving and abandons the property there should be no problem.

                      Comment


                        #12
                        Fair point but it appears that alidee states the tenant is agreeable in allowing the landlord to retain the excess as compensation, but I can't see that the landlord has lost anything as there is continuity of occupation and income.
                        The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                        Comment


                          #13
                          Ending AST Early?

                          Hello

                          We have a 6 month AST and are in month 3. My housemate has lost his job so we can no longer live at the property. We telephoned the letting agent to ask if we could give a months notice and surrender the property and were told that this was not possible and she had 'in her 11 year in lettings' 'never heard of a surrender'. I explained that we would need to contact the landlord and explain the situation and ask if we could surrender the property but she refused to help me.

                          Surely if i contact the landlord and he agrees for us to surrender the property, this would be ok?

                          Thanks

                          Comment


                            #14
                            The agent acts on behalf of the landlord and the agent is correct. You are bound by the terms of your tenancy agreement. What you could do is find a new tenant yourself or ask the agent to do so, but be prepared to pay the agent's fee that would normally be charged to the landlord. Ask if they will do this and how much it will cost. beare in mind what your rent each month is as to whetehr this is viable.

                            If you want to contact the landlord and don't know who he/she is, you can make a written request to the agent who must reply within 21 days under S.1 Landlord & Tenant Act 1985 otherwise they are committing a criminal offence. I can't see that you would gain any advantage by contacting the landlord directly.
                            The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                            Comment


                              #15
                              Originally posted by laurieballard View Post
                              Hello

                              We have a 6 month AST and are in month 3. My housemate has lost his job so we can no longer live at the property. We telephoned the letting agent to ask if we could give a months notice and surrender the property and were told that this was not possible and she had 'in her 11 year in lettings' 'never heard of a surrender'. I explained that we would need to contact the landlord and explain the situation and ask if we could surrender the property but she refused to help me.

                              Surely if i contact the landlord and he agrees for us to surrender the property, this would be ok?

                              Thanks
                              Paul is correct, but remember that you have no right to force L to accept surrender. After all, you'd be fairly miffed if L decided to terminate your tenancy after three months with no legally binding reason!
                              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

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