Surrendering Tenancy - Assured Shorthold Tenancy

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    Surrendering Tenancy - Assured Shorthold Tenancy

    Hello,

    I’ve moved in to my new rented flat a few days ago, while I was looking to rent I was also looking to buy a different property. Now, a week in to my new flat the offer that I had put to buy the property has been accepted!

    When I moved to my new flat I signed the AST agreement with a six months break clause. Now, however since I have decided to buy a property, what can I do to get out of this pickle that I am in???

    There is a clause in the agreement that says that if the Landlord/property management agent agrees to it then I can surrender my tenancy early.

    But my problem is that by the time I vacate the house there will be almost 4 months of contract period left before the break clause can be used and I would have used up all my monies toward deposits, stamp duties and other necessities.

    Could anyone suggest some options for me please?

    Many thanks in advance!

    #2
    Your only option (that doesn't involve simply not paying and probably being sued) is to negotiate a surrender with the landlord.

    A fixed term is a fixed term and you are committed to it and are liable for all the contractual obligations in the meantime (rent is the obvious one, but you might find you can't leave the property empty for more than x days and you will need to carry out basic maintenance - washing windows, mowing lawn etc).

    I would try and complete at the point you can end the tenancy, as the stamp duty, legal fees etc aren't due until then.
    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


      #3
      You say your offer has been "accepted" - sadly you must decline to proceed with the purchase, or accept that you will be paying double for a period of time.
      If you decide to proceed with purchase without (as jp suggests) inducing the seller to delay it will be a "pickle" entirely of your own making.

      Comment


        #4
        Turning it the other way. What if your offer hadn't been accepted and you didn't have anywhere to go and the landlord found himself in a pickle and wanted you to leave. I'm sure you would say I'm sorry but I have a contract that you must honour?!.

        You cannot leave the contract early without permission from the landlord despite your pickle.

        The break clause probably allows you to serve notice after 6 months not actually leave and so you are likely looking at 7-8 months by time you can serve notice.

        You could speak to the landlord and ask but otherwise if you can't afford both then you will have to withdraw your offer and wait until you are in a position to move.

        Comment


          #5
          You are committed to min 6 months IF you give due 2 months Notice to activate the break clause.
          You can vacate earlier if LL accepts your offer of early Surrender, but he can demand up to 6 month rent for his acceptance.
          Why did you rent somewhere with 12 month AST if you had an offer in to buy your own house?

          Comment


            #6
            I think the op is underestimating the time it could take to complete the purchase. It could easily be several months

            Comment

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