Ending a tennancy agreement amicably

[Kitchski]

Can it be done? Basically we live in a rented dwelling which we've found recently has become unsuitable for our needs. It's a 2 bed bungalow and since we've moved in we've had twin baby boys. Because it's quite small, they're waking up if I so much as fart at the other end of the house! And if one wakes up, we can't let them self settle or anything as they'll wake the other; we have limited room to give them a temporary cot to settle down in.
It's basically giving us interrupted sleep everynight. I know this is considered the norm by some, but they never used to be like this. Living here has started to depress myself and my girlfriend....it's just too small, but the contract expires in Sept '10.

Further to this, our landlord tried to evict us early last year as our TVR caused a slight annoyance among our elderly neighbours. We fought our case to stay and did (thanks to some advice on this very forum), but I'm wondering if we might reverse this and leave voluntarily in the near future.

We've also had some damp problems recently, and the house is in the middle of an investigation.

Basically our perfect 3 bed semi has become available. It's the actual house we first wanted years ago. I'm not in the game to mess people around, although we've been treated like dirt by our lettings agents and the landlord, but is there any way to end this contract early on the off chance we can secure the dream house?

Many thanks

[B17NNS]

Speak to the lettings agent and ask them if you can come to an arrangement.

You signed a contract and as such should be prepared to be bound by its conditions.

[Davel]

Or talk directly to the Landlord.

I've just allowed a tenant to vacate a month early because it suited them and us.

We had someone else who wanted the place, so it can be done amicably.

[Wings]

Obviously as loving parents, you are naturally both concerned that the damp problems within the property will affect the health of your 2 twin boys, and something your landlord/agents would want to consider when you speak with him/them.

When tenants approach me for an early termination of their fixed term Tenancy Agreement, I agree only if the property is re let to another tenant within the fixed term period, if not re let then they pay the rent up to the end of the fixed term tenancy period. I have always managed to re let premises, so allowing the tenant to end the tenancy early, without the tenant suffering any financial losses.

Is your tenancy agreement an Assured Shorthold Tenancy Agreement, what date did the same commence, what term/period was the Agreement for 6, 12 months?

[wendyg]

Wings said:

Obviously as loving parents, you are naturally both concerned that the damp problems within the property will affect the health of your 2 twin boys, and something your landlord/agents would want to consider when you speak with him/them.

When tenants approach me for an early termination of their fixed term Tenancy Agreement, I agree only if the property is re let to another tenant within the fixed term period, if not re let then they pay the rent up to the end of the fixed term tenancy period. I have always managed to re let premises, so allowing the tenant to end the tenancy early, without the tenant suffering any financial losses.

Is your tenancy agreement an Assured Shorthold Tenancy Agreement, what date did the same commence, what term/period was the Agreement for 6, 12 months?

I quite understand both your perspectives. Regarding re-letting within the fixed term, do you feel that landlords have any obligation to show active efforts to re-let? It would be so easy for some-one unscrupulous to let a tenant go under these conditions, then just sit on the property knowing that the previous tenants will have to cover the payments anyway. Even worse move friends or family in for a few months rent free? Comments welcome (no I've never been in this situation)

Edited by wendyg on Wednesday 17th February 23:02

[Wings]

Yes landlords do have a moral obligation to try to re-let a property in the situation described by the OP, and any Court hearing would consider the actions of the landlord in trying to re-let the premises. As landlords we often have to act as agony aunts, particularly with young 20 year olds, that after a few dates with their girlfriends, then want to set up home with them, then only to find after a few months, that they miss their mum’s cooking, ironing, washing all being rent free. So want to move back to mum’s house, drawing the AST to an early conclusion. I have one professional couple going through a break up now, the girls left, boy goes next week.

Also by the way nothing stops the OP/Tenant from attempting to re-let the property, the same with the agreement of the landlord.

The OP/Tenant moving out, or shoving keys through the letterbox is neither surrendering or terminating the tenancy, so if the landlord attempted to move friends, family into the property during the fixed term period of the Assured Shorthold Tenancy Agreement (hereafter AST) , then the landlord would be in serious breach of the AST.

[robsartain]

I understand exactly what you are saying Wings, but when I have had tenants who want to end early I have done.

Mainly because as you said they have split up and now can`t afford the rent. I would rather them leave the property properly, e.g. I check the condition of the house, etc... and get the rent owed than them just disappearing, posting the keys through the door. They could have disappeared for a month before I realised the rent money didn`t come in this month and by the time I have gone round and checked they have gone. (Okay so I do have their deposit) but I have just wasted a month with an empty property.

Yes legally you are owed the money, reality is finding them and chasing someone with no money through the courts IMO is pointless. As I was once told principals cost.

Oh your right about the agony aunt thing... :-)