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Ending a tenancy

S

Spursman

Neil Sullivan
I have been renting for the last 8 months and will be moving into a mortgaged property on the 23rd July. I have not rented before but I was told I would need to give a months notice.

So today I contacted the estate agent to notify them that I want to leave in a months time. They have said that as my rent day is the 17th of every month and as it's now the 25th June my notice period starts on the 17th July and I would be liable for rent up until 17th August.

I didn't know it worked like this but I can't delay moving by 1 month because of this.

How can I get out of having to pay a months rent when I won't even be living there? I can't really afford to be paying a mortgage and 1 months rent.
 
Have you checked the terms on your tenancy agreement? There must be a termination clause in there and it should be clear on the notice period.
 
I've got all the paper work here but the tenancy agreement isn't! I don't get it! I did get one.

After 6 months they sent me a letter saying do I want to continue and sign for 6 months or do I wish to do it on a monthly basis. So I chose monthly. I didn't actually sign anything again it was all done on the phone I think.

In the renewal letter it says " there is no need for a new agreement to be drawn up as the current agreement contains a clause, which enables a renewal to be agreed upon expiry of the initial fixed term, whereby the tenancy continues as a monthly statutory periodic tenancy and the same terms and conditions apply. See section 13 clause 13.2 for further information.
 
It's impossible to say without knowing what it says in the tenancy agreement but a full rental month's notice sounds very plausible to me.
 
Yes I haven't got a problem with a months notice. But my rent is due on the 17th of every month but I have missed the 17th as its now then 25th.

Anyway I found the agreement....

The tenancy agreement says that a tenant may bring the the tenancy to an end at any time by giving the landlord not less than one months written notice to expire on a rent anniversary.

I'll have to try and speak to the landlord not the letting agent. Just wanted some advise before I go in tomorrow.
 
Spursman said:
Yes I haven't got a problem with a months notice. But my rent is due on the 17th of every month but I have missed the 17th as its now then 25th.

Anyway I found the agreement....

The tenancy agreement says that a tenant may bring the the tenancy to an end at any time by giving the landlord not less than one months written notice to expire on a rent anniversary.

I'll have to try and speak to the landlord not the letting agent. Just wanted some advise before I go in tomorrow.
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The rent anniversary is when your rent is due. So if you have missed this month, the agents are right and you are committed until 17th August
 
I didn't know it worked like this should have checked. I know they are right but wondering if there is a way to get out of it considering the 17th was only 8 days ago.
 
Spursman said:
I didn't know it worked like this should have checked. I know they are right but wondering if there is a way to get out of it considering the 17th was only 8 days ago.
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I doubt it if you want to get your deposit back
 
I want to move on the 23-25th July. I put my request to leave in on the 25th June.

Still a months notice just 8 days out from rent anniversary date. Don't think it's that unreasonable.
 
Spursman said:
I want to move on the 23-25th July. I put my request to leave in on the 25th June.

Still a months notice just 8 days out from rent anniversary date. Don't think it's that unreasonable.
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Without sounding harsh that could well be unreasonable to the landlord and the contract is clear with the terms. Remember he has to replace you with a new tenant and not all landlords are minted.

Plus it's reasonable to assume that your mortgage and buying process didn't happen overnight so 'i'd imagine you had plenty of time to gauge the lie of the land and get your ducks in a row?

Like you said try and chat to him....he's maybe open to a sweetner.
 
Yeh I see what you are saying. The landlord will let this place out easily I have no doubts about that. Shouldn't be a problem if that's the case. If they don't I will try and sublet it because I can't afford to pay rent and a mortgage
 
Some options:

  • Sublet if allowed for remainder and find someone for it
  • Help find new rental people and then landlord will probably let you off if they are suitable tenants
  • See if you can agree a halfway house, maybe only pay 2 weeks of the extra month if the landlord is reasonable
  • Delay your completion date on the house, now you've exchanged it's legally yours (assuming you've exchanged if you have a move date) and people amend completion dates all the time, even by a few days would help you out
 
Spursman said:
Yeh I see what you are saying. The landlord will let this place out easily I have no doubts about that. Shouldn't be a problem if that's the case. If they don't I will try and sublet it because I can't afford to pay rent and a mortgage
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You should check your tenancy agreement before subletting. It could be against the terms and you might lose your deposit if caught out.
 
I agree with all the above with the exception of points about the deposit.
The deposit is there is cover the condition of the property. Subletting would be a breach of contract and cause for the LL to terminate (which irrelevant here). That said, if you sublet and the person makes a mess of the place, that will be a cost to you - doesn't sound worth the risk.
Also- it would be a VERY short term let. Who is going to rent it?
Unless its commutable to Wimbledon of course?!
 
You could ave £100s on a mover if you take the two weeks to move your stuff into your new home bit by bit in your car and just get a van for a day or two for the big stuff. It will also allow you to get any carpets/floorings done in the new place without all your brick in there first.
 
It's not near Wimbledon unfortunately. Moving isn't a problem. There is only 2 of us and I've got a mate with a van and he is lending me it so won't cost anything. Doubt I could let it for just one month but worth a try if I need to as long as they don't wreck the place.
 
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