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Ending a tenancy agreement early - help!

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492 views 1 replies latest reply: 15 February 2016

Hi all

I am buying a new build property, Completion is expected mid next month. Problem is, my lease doesn’t expire until 26th June, making the last payment 26th May. 

The landlord is considering putting the property on the market, and as such it’s unlikely the house will be sold by 26th May. Therefore I’m at risk of having to pay 3 months rent and mortgage on the new house, which is near impossible. This will be my first owned house and I’ll have a lot of outgoings to get it set up. 

I am trying to keep the option of finding a replacement tenant open, so I can try and reduce any further months rent payments. Problem is a) the landlord’s agent isn’t the most pro-active ever and b) it is easier for the landlord to just keep us paying until May and secure something else for after that. If they put it on the market now then it is in their interest to keep us paying until May. 

Any advice/wisdom to be shared would be most grateful. Is there a loophole? Thank you!

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Hi Ali

I’m not a lawyer but I don’t think there are any loopholes as such. All I can think of is that you may have an ‘out’ if your tenancy agreement has a break clause – that usually requires you to give two months notice at a specific time half way through the tenancy and then you can leave. Perhaps you’ve already looked at that but if not see if it’s in your tenancy and if the timing works.

Otherwise, I think all you can do is ask the landlord to surrender the tenancy in writing – but it doesn’t sound much like they will agree. I suppose you could ask them if you could sublet – i.e. find a short term tenant yourself who lives there to cover your rent for the rest of the period. Make sure the rent is paid direct to the landlord so they can’t claim they didn’t know about it. You’ll be responsible for any damage the tenant causes, something to bear in mind.

If you don’t manage to find a way out of this, make sure you give the right notice – your tenancy won’t automatically end on the last day, you need to make sure you give the two months notice or it will become a periodic tenancy and you’ll have to give notice after that. If it were me I would also keep the keys and make sure that you have access to the property during the inventory in June so you don’t get charged for damage you didn’t commit.


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