ChatterBank2 mins ago
How to break a tenancy contract?
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A friend of mine is currently breaking up with his girlfriend and they need to move out of the flat they rent. They signed an 18 month contract, there is a get-out clause after a year but they are currently in month 4. Is it possible to get out straightaway? Has anybody been through this, what is the likely outcome?
With thanks in advance
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Yes. Been there.
Tenancy Agreements, to break a fondly-held but completely illusory myth, are for Tenants, not for landlords. They give the landlord some rights, but they are to Assure the tenancy for the tenant, not so that the landlord can just chuck em out when he wants to sell.
If they give 1month's notice and walk out, the landlord could possibly suffer some damages. To claim these damages in court, the onus would be on the landlord to show that he did everything he could to fill the flat with tenants again, but failed.
The very best absolutely perfect situation, which I have been in twice, was were the landlord or landlady become friends, and they understand your situation (and it is clear you are not simply abusing their good nature). I had good reasons to quit the tenancy and they sympathised with me. It is by far the best way to be, for all parties concerned. One landlord asked me to help find a replacement, which I did, and which worked fine; the other let me go, on the proviso that I kept in touch with him after I left (but he was a lonely guy). Avoid legal wrangling wherever possible. Unless you can get acw & partners to agree a good fee...
Usually you just have to give one months notice before you leave. The only problem if t hey are a little arsey could be getting your security deposit back. The last two flats I lived in I moved out of before the end of the contract and just told the landlord to keep the deposit as the last months rent. No-one said anything to me and i moved out without having to wait months for the security deposit.
Yeah, I think that's a good point. It's all down to semantics of the english language. We're all entitled to our opinions. Whereas 'deposit' means to me 'sum of money as guarantee that I will not run off with something, which will be returned to me at the end of my tenancy,' in the Oxford Landlord Dictionary it means 'gift'.
I rent many flats, and all are on a 6 month short hold tenancy, in my contracts, it does say one months notice may be given by either side.
You may lose a months rent or something, but if your landlord is the understanding sort, ( like me!!) I'm sure he would let you out. ( these days I could fill all my flats 3 times over so I'm not too bothered).
Fixed Term Tenancy
The tenant may wish to leave earlier than the date agreed, or the landlord may wish the tenant to leave on an earlier date. Either party can approach the other to see if he will agree to the fixed term agreement ending early, but the agreement of both parties is required.
If an agreement to end the fixed term at an earlier date cannot be reached, both parties remain bound by the contract. If a tenant decides to break the lease by abandoning the premises during the term of the fixed lease, a landlord can take legal action against the tenant for breaking the contract. The landlord could claim the unpaid rent for the rest of the agreement or, until the premises are re-rented, whichever comes sooner. .
If a landlord is not fulfilling the landlord�s obligations under the agreement, a tenant may have a reason to break a fixed term agreement. In this situation, the approval of the court is needed.
It is difficult for a landlord to terminate a tenancy for no fault during the term of a fixed term lease in the absence of an agreement with the tenant. It is unlikely that a court order would be given to permit a landlord to end a fixed term tenancy at an earlier date. If a tenant is not fulfilling the tenant�s obligations under the fixed term agreement, such that there is a substantial breach or damage or an assault has occurred, a landlord may have a reason to break a fixed term tenancy agreement. In this situation, either the approval of the court is needed,
The tenant may wish to leave earlier than the date agreed, or the landlord may wish the tenant to leave on an earlier date. Either party can approach the other to see if he will agree to the fixed term agreement ending early, but the agreement of both parties is required.
If an agreement to end the fixed term at an earlier date cannot be reached, both parties remain bound by the contract. If a tenant decides to break the lease by abandoning the premises during the term of the fixed lease, a landlord can take legal action against the tenant for breaking the contract. The landlord could claim the unpaid rent for the rest of the agreement or, until the premises are re-rented, whichever comes sooner. .
If a landlord is not fulfilling the landlord�s obligations under the agreement, a tenant may have a reason to break a fixed term agreement. In this situation, the approval of the court is needed.
It is difficult for a landlord to terminate a tenancy for no fault during the term of a fixed term lease in the absence of an agreement with the tenant. It is unlikely that a court order would be given to permit a landlord to end a fixed term tenancy at an earlier date. If a tenant is not fulfilling the tenant�s obligations under the fixed term agreement, such that there is a substantial breach or damage or an assault has occurred, a landlord may have a reason to break a fixed term tenancy agreement. In this situation, either the approval of the court is needed,
Hi, I`ve dealed with a Letting company for a flat. I`ve signed a 6 months contract with them but when I get to the contract the things was diferent from start. Me and wife decided to cancel (break) the contract just by the time to move in. The company said I have to pay some fees, like £100 for the company and £462 for Landlord. Do I have some right on cancelling this contract just at time begining? Do I have to pay all the company charge me? Thanks in advance!
Hi, I`ve dealed with a Letting Company to rent a flat. To be in touch with the Landlord, just under contract signed. I signed 6 months contract e got the keys. Walk in to the flat but the things was diferent from the start speach. So me and wife decided to cancel the contract by the time to move in. I back to the company and they are now charging me fees to company (£100) and Landlord (£462). Do I have to pay all those charges? Do I have some right about it?
Thanks in advance!
Thanks in advance!
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