Breaking A tenancy Agreement
Breaking A tenancy Agreement
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Discussion

Marty Funkhouser

Original Poster:

5,443 posts

205 months

Thursday 4th August 2011
quotequote all
Some advice needed....

I'm coming to the end of a 12 month tenancy agreement. Have agreed a price on a house in the last few days. Tenancy agreement runs out in early september so I'd like to extend the stay to the end of October to give us time to complete on the house.

The landlord (who's had our flat on the market since May and had no viewings) has refused to allow us to stay til end of Oct and offered us 2 alternatives:

1. Sign a new 12 month agreement which we would have to honour until new tenants were found.

or

2. Pay £600 per week to stay til end of Oct (about £3K).

Neither option sounds good to me.

What would happen if we just didnt move out til 31 oct? She would presumably start legal proceedings - how much would it cost (we would obviously not contest them, or if we did I'd do it myself in order to delay proceedings until 31 Oct). How long would I likely be able to delay things?

This is hypothetical just in order to know what my options are....


TIA

Famous Graham

26,553 posts

249 months

Thursday 4th August 2011
quotequote all
No idea on the legal side of things, but she sounds like a bit of a berk if she won't entertain the possibility of a one month extension.

Marty Funkhouser

Original Poster:

5,443 posts

205 months

Thursday 4th August 2011
quotequote all
Famous Graham said:
No idea on the legal side of things, but she sounds like a bit of a berk if she won't entertain the possibility of a one month extension.
She's been difficult from the start - I've even offered to pay 10% above the advertised rate on the extension.

V8mate

45,899 posts

213 months

Thursday 4th August 2011
quotequote all
Just don't move out. Takes two months to get rid of you.

YOur deposit is lodged safely and independently?

Council Baby

19,742 posts

214 months

Thursday 4th August 2011
quotequote all
Your landlord is playing a game, would they rather have some money or an empty house awaiting buyer/tenant. Call their bluff. Offer them the same rent for the extra period or move to temporary accommodation when the lease ends. You will not break a new tenancy easily.

Or offer an extra £50 a week as a bonus for the brief extension. Thus compensating them and saving you the hassle.

I've been in a similar position, took a short let for 6 weeks until my new place was ready in the end. Do NOT consider signing a new contract.

SSC!

1,849 posts

204 months

Thursday 4th August 2011
quotequote all
With my tennants I did a 6 month agreement then it went per month, they have been in since 2008. Law will be different down you way tho.

She is being a muppet asking for another 12 months, call her bluff and leave once up! Certainly would not stay after as could impact elsewhere on you.

E36GUY

5,906 posts

242 months

Thursday 4th August 2011
quotequote all
If neither of you gives notice and the contract expires, wouldn't you just drop onto a rolling agreement which can be terminated by giving the notice set out in the initial fixed term?

Soovy

35,829 posts

295 months

Thursday 4th August 2011
quotequote all
Marty Funkhouser said:
Famous Graham said:
No idea on the legal side of things, but she sounds like a bit of a berk if she won't entertain the possibility of a one month extension.
She's been difficult from the start - I've even offered to pay 10% above the advertised rate on the extension.
I think I see the problem.

DO NOT sign a new one year.

Tell her to poke it, put your stuff in Big Yellow and go and live in a hotel.

Marty Funkhouser

Original Poster:

5,443 posts

205 months

Thursday 4th August 2011
quotequote all
Council Baby said:
Your landlord is playing a game, would they rather have some money or an empty house awaiting buyer/tenant. Call their bluff. Offer them the same rent for the extra period or move to temporary accommodation when the lease ends. You will not break a new tenancy easily.

Or offer an extra £50 a week as a bonus for the brief extension. Thus compensating them and saving you the hassle.

I've been in a similar position, took a short let for 6 weeks until my new place was ready in the end. Do NOT consider signing a new contract.
I've offered more than the existing rent - she said no.

She cut the conversation off when I was on the phone (the line just went dead) initially I assumed she'd lost signal but she never got back to us - I left 2 messages & e mailed her on Monday - no reply.

Then the agent calls to say she's been in and these are her offers.

Bordering on bizarre IMO.

V8mate

45,899 posts

213 months

Thursday 4th August 2011
quotequote all
Soovy said:
I think I see the problem.

DO NOT sign a new one year.

Tell her to poke it, put your stuff in Big Yellow and go and live in a hotel.
This exact problem was in one of last weekend's papers (proper broadsheet type one!). Lawyerly type adviser recommeded just to stay put, pay the rent according to existing terms and make sure you're out in less than two months.

Council Baby

19,742 posts

214 months

Thursday 4th August 2011
quotequote all
Find somewhere else or put your stuff in storage and stay with friends/family. Don't involve yourself anymore with this idiot unless absolutely necessary.

Marty Funkhouser

Original Poster:

5,443 posts

205 months

Thursday 4th August 2011
quotequote all
V8mate said:
This exact problem was in one of last weekend's papers (proper broadsheet type one!). Lawyerly type adviser recommeded just to stay put, pay the rent according to existing terms and make sure you're out in less than two months.
You cant remember which paper it was can you?

Marty Funkhouser

Original Poster:

5,443 posts

205 months

Thursday 4th August 2011
quotequote all
V8mate said:
Your deposit is lodged safely and independently?
Yup - with this lot:

http://www.mydeposits.co.uk/


STW2010

5,904 posts

186 months

Thursday 4th August 2011
quotequote all
So, she will either be left with an empty flat earning her nothing, or an extra month where she earns more than in any previous month? What a retard, she clearly thinks that by giving you such extreme options that she has it all to gain.

I thought most agreements went on to a rolling agreement after the term?

I would give notice and leave. Put stuff in storage and find somewhere to live for a month- family? friends? Even short-term places; even if the minimum is 3 months, surely this is better value than paying over the odds to some awkward bint (plus contingency in case the house takes an extra couple of weeks to go through).

0a

24,107 posts

218 months

Thursday 4th August 2011
quotequote all
Of course you can make it rather difficult to show potential tenants around, leave the place in a mess etc... Madness. I had a good relationship with my last landlord to the extend I'd tell him to delay viewings until i'd tidyed the place up, showed the potential tenants around, took them to the local pub and told them what a nice street/area it was.

He got a nice couple in (that I'd sussed out as ideal tenants) at full asking price.

He even took us for a beer when we finally left.

Marty Funkhouser

Original Poster:

5,443 posts

205 months

Thursday 4th August 2011
quotequote all
STW2010 said:
So, she will either be left with an empty flat earning her nothing, or an extra month where she earns more than in any previous month? What a retard, she clearly thinks that by giving you such extreme options that she has it all to gain.

I thought most agreements went on to a rolling agreement after the term?

I would give notice and leave. Put stuff in storage and find somewhere to live for a month- family? friends? Even short-term places; even if the minimum is 3 months, surely this is better value than paying over the odds to some awkward bint (plus contingency in case the house takes an extra couple of weeks to go through).
Well thats what we'll have to do if push comes to shove - just dont want the hassle of moving twice in 6 weeks if it can be avoided!

siwil1

1,022 posts

255 months

Thursday 4th August 2011
quotequote all
You dont say if you are a couple or a family, But if you have no kids I would stick my stuff in storage and become Alan Partridge ie live in a hotel for a month.

You could pull off a great scam with a large plate!

With kids it would be harder.

V8mate

45,899 posts

213 months

Thursday 4th August 2011
quotequote all
Sorry - it wasn't a broadsheet - it was th London Evening Standard's 'Ask the Expert' in the Homes & Property Supplement. (still pretty good advice!)27 July 2011


Marty Funkhouser

Original Poster:

5,443 posts

205 months

Thursday 4th August 2011
quotequote all
siwil1 said:
You dont say if you are a couple or a family, But if you have no kids I would stick my stuff in storage and become Alan Partridge ie live in a hotel for a month.

You could pull off a great scam with a large plate!

With kids it would be harder.
I have a partner and she's expecting in December.

Marty Funkhouser

Original Poster:

5,443 posts

205 months

Thursday 4th August 2011
quotequote all
V8mate said:
Sorry - it wasn't a broadsheet - it was th London Evening Standard's 'Ask the Expert' in the Homes & Property Supplement. (still pretty good advice!)27 July 2011

Bloody hell - thats absolutely perfect!

Presumable I'd be liable for the landlords legal costs though....