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Tenant looking for advice.
I’ve been renting a tiny studio in a block of flats in London owned and run (I think) by a company for two years. I signed up for a third year just before Christmas that started on the 1st of March.
I’ve been a model renter (especially compared to some here, mostly students).
The contract is a 12 month, no breaks, contract but of course over the last few days I’ve decided I’d rather not live in London, mainly for cost reasons. I have no idea why I only realised this now, but that isn’t the point.
Does anyone have any advice on getting out of the contract outside of asking nicely? It does have a 14 day get out clause but that would have ended on the 14th March. It also mentions that any ask of breaking the contract early would be up to them. It also suggests, as one option they might choose, the tenant/me paying until they get another tenant in. How likely is that in a huge hundred flat block? Would they stick to that? How would I even know whether they’re trying to fill my flat as opposed to the other same flats?
I’m a very amicable person, but I’m worried I’ll be made to stay in London for the next 11 months paying high rent when I don’t want to.
Thanks.
Well you have already answered your question. Your contract is now down to the landlord to answer how to break your lease early. You will be liable for remaining rent so it potentially won't be cheap. Alternatively the landlord might go for some alternative break whereby you pay all the losses until a new tenant is found. But Reddit won't be able to answer this it's between you and the landlord. If you find the landlord isn't helpful your only chance would be to wait for rent reform as there won't be a 12month tenancy and your current agreement from that day on will be classed a rolling one with the new notice period being like 2 months.
Thank you for your response.
Yes, I was just hoping someone might come up with a silver bullet for me. I was aware it was unlikely.
Thanks.
Please make sure you read the government guidance on tenant fees to avoid being ripped off by agents/landlord acting unlawfully if and when you agree a surrender of the tenancy.
https://www.gov.uk/government/publications/tenant-fees-act-2019-guidance
Thank you!
I’ll read it today.
I appreciate the help.
Under the tenant fees act you can’t pay losses until they are incurred. The landlord is NOT entitled to charge a lump sum of rent that would have been due under the Tenant Fees Act 2019.
The tenant should continue to pay rent until a new tenant is found or they alternatively agree with the landlord to break the tenancy.
The best thing to do for the OP is to ask.
You will have to negotiate with the landlord.
The landlord does not have to agree to break the contract early. However, most landlords will typically agree to end the tenancy as long as you cover the rent until the new tenants move in, and also cover any other cost/losses they will incur due to terminating the tenancy early that relates directly to finding a new tenant.
Examples of other costs may include: fees paid to agents for remarketing, the cost of referencing the new tenants..and so on.
Once negotiated, you should ideally have the terms of the early termination set out in a deed of agreement and signed by both parties. This way, each party is clear on what is expected/owed.
Thank you for a helpful and thorough reply.
A lot of the costs you have cited are not permitted to be charged under the Tenant Fees Act 2019.
Please refer to the government guidance.
https://www.gov.uk/government/publications/tenant-fees-act-2019-guidance
Under the Tenant Fees Act 2019, landlords can charge tenants for early termination of a tenancy when a tenant requests an early termination.
However, these costs are limited to the amount of rent due until a new tenant moved in and any reasonable costs incurred, such as re-marketing the property and any costs related to finding a new tenant.
You are right on the inventory costs so I'll remove that. The professional clean will be down to the tenant to arrange - if the tenancy agreement says one must be done at the end of the tenancy. If that is not done, then that would be more of a deposit issue.
Thanks for responding. You still can’t charge the tenant a lump sum of rent before they leave, and any costs need to be “reasonable”.
The tenant should continue to pay the rent as they ordinarily would do under their tenancy agreement until a replacement is found.
If the tenant decided to up a leave before any agreement/surrender is reached then you as LL need to pursue them for breach of contract in the usual way.
Correct. You just reiterated said what I said.
Sure but, it needed to be clarified whether the landlord is permitted to demand the remaining amounts of rent due under the AST or that rent due under the AST shall continue to be paid until a replacement is found, they are different - and most landlords and letting agents think the former is allowed despite Gov guidance and courts frequently saying no.
Yes, correct.
As I said in my first response to the OP, the tenant will need to pay the rent until the new/replacement tenant is found. Not after.
Can only reiterate what others have already stated - that there is a set procedure:
https://www.citizensadvice.org.uk/housing/ending-a-private-tenancy/ending-your-tenancy/
Hopefully your landlord will deal with your request sympathetically!
Good luck with the move away from London.
Thank you.
Thanks for the link, I’ll have a look.
Just ask. Or tell them you will no longer be able to afford the rent and you are having to move cities, they will surely end your rental agreement after reading the word “can’t pay”.
Yeah. Good point.
Thank you.
I am a landlord, and self manage, so how would I deal with the situation?
Well would I want to do another round of viewings, find a new tenant so soon? Nope. I might be busy with other things or on holiday.
I’d be seeking a min 6 month term.
If it was rented via agent then they would have to do the work and at your cost so I’ll be somewhat indifferent.
As a self managing landlord you would need to make it worthwhile.
This is a huge block of flats managed by the company who owns the block (I think). So I was looking for some advice on that situation really.
I was just looking for something that I might not know or understand.
Thanks.
Edit: Also, as I said, I’ve been here for two years so they haven’t had to recently look for a tenant. So hopefully that’ll help.
