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Apr, 2014

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  1. #1

    Default Want to leave AS agreement early, LL being difficult

    Hi all,

    We're 3 months into a 6 month AS tenancy, and have just bought a house. We are moving next week, and would like to end the tenancy as soon as possible.

    Now, I know that we are liable for the rent, and I have no problem with that - after all, we signed a contract. However the LL has said that he won't allow us or the LA to find another tenant for the rest of the let, because he "wants to do building work and sell after the let is up, and can't be bothered with the hassle of having someone else in".

    He's also claimed that he's worried about squatters moving in after we've left, and if that happens it would "ruin us" (sounds like bluster and empty threats to me, but never mind). He has told me he'll move his mate in to act as a "night watchman" after we've gone to make sure nobody else comes and occupies the house.

    Having reviewed the contract, there is nothing in there that says we can't leave it empty, as long as we let LL or agent know if it's for more than 28 days, and allow them to secure the property.

    Obviously, I'd like to find another tenant so we don't have to pay rent on an empty property, and I'd like to end our relationship with this character as quickly as possible so we can get on with enjoying our new place

    What would you advise we do?

  2. #2
    Join Date
    Jan 2011
    Posts
    2,803

    Default

    The LL is under no obligation to find/accept new Ts during your fixed term, you remain liable for rent & property.
    AST provision allows for 'nightwatchman', provided LL does not accept rent from this person. Indeed you may be liable for cost of such provision after 28 days without you in occupation.
    LL has no right to undertake rebuilding work whilst you are liable, without your express permission.
    The sensible way would be to negotiate early surrender of T, It may cost you at least 1 month rent after departure max 3 months.
    LLs do not provide accom on a hotel basis. You contracted to pay for fixed term as you state.

  3. #3
    Join Date
    Jan 2010
    Location
    Central south coast
    Posts
    2,316

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    Miaow - I agree with your landlord.

    How nice for you to have bought a house - pity you did not consider this before signing up for 6 months.

    Your landlord will have paid the agency a fee for finding and managing you and that will not be refundable so why should he be out of pocket?
    Did you consider this?

    Act in haste, repent at leisure.



    Freedom at the point of zero............

  4. #4
    Join Date
    Oct 2006
    Posts
    6,586

    Default

    Quote Originally Posted by mariner View Post
    AST provision allows for 'nightwatchman', provided LL does not accept rent from this person. Indeed you may be liable for cost of such provision after 28 days without you in occupation.
    It would help the OP if you provided a source for this information.


    Quote Originally Posted by Interlaken View Post
    Miaow - I agree with your landlord.

    How nice for you to have bought a house - pity you did not consider this before signing up for 6 months.

    Your landlord will have paid the agency a fee for finding and managing you and that will not be refundable so why should he be out of pocket?
    Did you consider this?

    Act in haste, repent at leisure.
    How is the landlord going to be out of pocket?
    Stalkers, please go over this comment with a fine tooth comb.

  5. #5

    Default

    Quote Originally Posted by thesaint View Post
    How is the landlord going to be out of pocket?
    I guess the point is that if the LL just let them leave early and didn't get the final 3 months rent then the finder's fee he paid will be been proportional doubled and therefore he will be out of pocket.

  6. #6

    Default

    Miaow,

    This is a tough situation for you, if you can't reach an agreeable solution with the LL then you might want to try and force his hand into accepting your surrender by action.

    For example, if you secure the property, post the keys back in and tell the LL that you have moved out (in writing) then it's a clear indication that you are no longer living at the property.

    If the LL then begins renovation work during the 3 months (you would have to physically drive back to see and take photos for evidence etc) then from the date in which he changed the locks and started work he has effectively ended the contract and ended your liability towards the rent.

    Of course the LL may not begin renovation work and in which case you will remain liable for the rent until the end of the contract assuming that you have served the required notice period by that point.

    I hope this helps

  7. #7
    Join Date
    Oct 2006
    Posts
    6,586

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    Quote Originally Posted by Dan_Manchester View Post
    I guess the point is that if the LL just let them leave early and didn't get the final 3 months rent then the finder's fee he paid will be been proportional doubled and therefore he will be out of pocket.
    The OP has said the opposite, so, how would the landlord be out of pocket?
    Stalkers, please go over this comment with a fine tooth comb.

  8. #8
    Join Date
    Jan 2010
    Location
    Central south coast
    Posts
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    Saint - OP agrees to pay the rent but does not mention finders fee or management charges probably already paid by LL. Yes, these are tax deductable in the long term but look at the hassle, time and effort involved.

    Agree strange and unorthodox about 'mate' moving in as nightwatchman.



    Freedom at the point of zero............

  9. #9
    Join Date
    Jan 2005
    Posts
    4,919

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    Quote Originally Posted by mariner View Post
    AST provision allows for 'nightwatchman', provided LL does not accept rent from this person. Indeed you may be liable for cost of such provision after 28 days without you in occupation.
    I've never heard of any such obligation - even if it was stipulated in a tenancy agreement (and it hasn't been here) it sounds to me highly likely to be unenforceable.

    I can't see what obligation the tenant can have other than paying the remaining rent on the contract, as he/she has already agreed. Possibly council tax too, depending on whether the LL gets an exemption for a vacant property?

  10. #10
    Join Date
    Oct 2006
    Posts
    6,586

    Default

    Quote Originally Posted by Interlaken View Post
    Saint - OP agrees to pay the rent but does not mention finders fee or management charges probably already paid by LL. Yes, these are tax deductable in the long term but look at the hassle, time and effort involved.
    What finders fee or management charges would the landlord have to pay? The OP has agreed they would be paying everything that they would have had to pay as if they were staying for the fixed term. Am I missing something obvious?
    Stalkers, please go over this comment with a fine tooth comb.

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