Tenancy law question
Discussion
Hullo there,
I won't bore you with the minute details but my situation is as follows:
Been a tenant for three years in an old listed house. There would appear to be an ongoing problem with damp and the occasional water leaks from the antiquated roof and internal guttering system. Up until now i've just phoned the owner company who have then arranged for an engineer to pop over each time a patch of damp or a leak occurs.
You may wonder why i've put up with this as long as i have. Well, none of the leaks have been major, i love old houses, the neighbours are superb and the rent is pretty low for the area. Essentially it's a really nice old house but the owners maintenance leaves a lot to be desired.
So, here's my problem. I'm currently liable for rent up until the end of the year but I want out because, basically, i'm getting fed up with the owners lack of action. Another patch of damp appeared in the bedroom only the other day and that's the last straw. However, I'm only liable for the rent until they get another tenant in but no tenant in their right mind would move in unless the owner company spent a fair bit of time and effort on mending the problems.
I guess my question would be; does this invalidate the break clause and if so/not; what would be the best course of action?
Any advice gratefully received!
R.
I won't bore you with the minute details but my situation is as follows:
Been a tenant for three years in an old listed house. There would appear to be an ongoing problem with damp and the occasional water leaks from the antiquated roof and internal guttering system. Up until now i've just phoned the owner company who have then arranged for an engineer to pop over each time a patch of damp or a leak occurs.
You may wonder why i've put up with this as long as i have. Well, none of the leaks have been major, i love old houses, the neighbours are superb and the rent is pretty low for the area. Essentially it's a really nice old house but the owners maintenance leaves a lot to be desired.
So, here's my problem. I'm currently liable for rent up until the end of the year but I want out because, basically, i'm getting fed up with the owners lack of action. Another patch of damp appeared in the bedroom only the other day and that's the last straw. However, I'm only liable for the rent until they get another tenant in but no tenant in their right mind would move in unless the owner company spent a fair bit of time and effort on mending the problems.
I guess my question would be; does this invalidate the break clause and if so/not; what would be the best course of action?
Any advice gratefully received!
R.
Can you not get out with sufficient notice like a couple of months? although now I write that its only a couple of months until the end of the year.
Id start complaining every other day about the damp especially over the winter months, give them your notice they may throw you out sooner if your a pain.
Id start complaining every other day about the damp especially over the winter months, give them your notice they may throw you out sooner if your a pain.
Does the tenancy have a break clause - not all do.
What date does the tenancy expire? As you suggest that there are only a couple of months left to the agreement then the easiest option is to just walk away at the time and date the tenancy expires. You DON'T HAVE to give notice that you're leaving as the agreement says you're going to do that. It is polite to do so though and 2-months seems to be the acceted 'norm'.
Even if the LL wanted to throw you out that would need 2-months notice anyway.
What date does the tenancy expire? As you suggest that there are only a couple of months left to the agreement then the easiest option is to just walk away at the time and date the tenancy expires. You DON'T HAVE to give notice that you're leaving as the agreement says you're going to do that. It is polite to do so though and 2-months seems to be the acceted 'norm'.
Even if the LL wanted to throw you out that would need 2-months notice anyway.
Yeah, this is an option. The official end is Dec 31st but i'd prefer not to be moving house between Xmas and NYE! Might be easiest to sit tight, get an extension for a month and then move out in January.
In answer to your other question; yes, there is a break but i'm still liable for the rent until the end of the year unless another tenant is found. Win win for the owner company.
In answer to your other question; yes, there is a break but i'm still liable for the rent until the end of the year unless another tenant is found. Win win for the owner company.
That's not a break clause.
Legally you can walk away from any tenancy [domestically speaking] but the tenant is liable for the rent until a new tenant is found and the associated costs of finding them or until the agreemnet expires.
In a 12-month agreement a break clause will give a notice period required (usually 2-months) and a minimum term of occupancy (usually 7-months) then the tenant can just walk away without being liable for further rent.
If you remain in the property after the 31st then you'll automatically revert to a month to month assured tenancy with the same terms of the existing agreement. However, you'll have to give 1-months notice to quit. Therefore, I'd serve notice before Xmas that you'll be staying one extra month then leaving. Do not sign another agreement. Pay your rent on the normal day of the month. However, if the LL or Agent asks ahead of time if you are signing a new agreement then serve notice then.
Legally you can walk away from any tenancy [domestically speaking] but the tenant is liable for the rent until a new tenant is found and the associated costs of finding them or until the agreemnet expires.
In a 12-month agreement a break clause will give a notice period required (usually 2-months) and a minimum term of occupancy (usually 7-months) then the tenant can just walk away without being liable for further rent.
If you remain in the property after the 31st then you'll automatically revert to a month to month assured tenancy with the same terms of the existing agreement. However, you'll have to give 1-months notice to quit. Therefore, I'd serve notice before Xmas that you'll be staying one extra month then leaving. Do not sign another agreement. Pay your rent on the normal day of the month. However, if the LL or Agent asks ahead of time if you are signing a new agreement then serve notice then.
mk1fan said:
That's not a break clause.
Legally you can walk away from any tenancy [domestically speaking] but the tenant is liable for the rent until a new tenant is found and the associated costs of finding them or until the agreemnet expires.
In a 12-month agreement a break clause will give a notice period required (usually 2-months) and a minimum term of occupancy (usually 7-months) then the tenant can just walk away without being liable for further rent.
If you remain in the property after the 31st then you'll automatically revert to a month to month assured tenancy with the same terms of the existing agreement. However, you'll have to give 1-months notice to quit. Therefore, I'd serve notice before Xmas that you'll be staying one extra month then leaving. Do not sign another agreement. Pay your rent on the normal day of the month. However, if the LL or Agent asks ahead of time if you are signing a new agreement then serve notice then.
That's very interesting; thanks. The six month renewal was down to a rental increase but as i've continually occupied the property for nearly three years surely I must be past the minimum occupancy period and, therefore, able to give a months notice? I'll mention this to them and see what they say.Legally you can walk away from any tenancy [domestically speaking] but the tenant is liable for the rent until a new tenant is found and the associated costs of finding them or until the agreemnet expires.
In a 12-month agreement a break clause will give a notice period required (usually 2-months) and a minimum term of occupancy (usually 7-months) then the tenant can just walk away without being liable for further rent.
If you remain in the property after the 31st then you'll automatically revert to a month to month assured tenancy with the same terms of the existing agreement. However, you'll have to give 1-months notice to quit. Therefore, I'd serve notice before Xmas that you'll be staying one extra month then leaving. Do not sign another agreement. Pay your rent on the normal day of the month. However, if the LL or Agent asks ahead of time if you are signing a new agreement then serve notice then.
When was the last time you signed paperwork? An AST runs for a specified period of time, and then reverts to a Statutory Periodic Tenancy, usually 1 month on each side.
Unless of course the managing agents manage to persuade you and the landlord to sign a new AST, with the associated fees.
Unless of course the managing agents manage to persuade you and the landlord to sign a new AST, with the associated fees.
Greenwich Ross said:
Yeah, this is an option. The official end is Dec 31st but i'd prefer not to be moving house between Xmas and NYE! Might be easiest to sit tight, get an extension for a month and then move out in January.
In answer to your other question; yes, there is a break but i'm still liable for the rent until the end of the year unless another tenant is found. Win win for the owner company.
Then between now and December 31st, either your LL or a representative of the same, may be looking to renew your present Assured Shorthold Tenancy Agreement (hereafter AST), if not then as another poster correctly pointed out, the AST becomes a Periodic Tenancy (hereafter PT). In answer to your other question; yes, there is a break but i'm still liable for the rent until the end of the year unless another tenant is found. Win win for the owner company.
Both an AST and PT accords both you and the LL the same rights, including the length of Notice one has to give the other party, ie. the LL two months, and you the tenant one months Notice. The one major difference in you not signing/agreeing to a new AST, is that in the case of either a 6 month or 12 month new AST, is that you do not have to wait a further 5 months or 11 months before you can give the LL your one months Notice.
So to conclude if you require your tenancy to end in January, then the latest you can end the present tenancy is on the day in December when your rental payment is due, and if that day is before the 13th day, then your LL has to wait until November before he can serve you with the stauary two months Notice.
Greenwich Ross said:
That's very interesting; thanks. The six month renewal was down to a rental increase but as i've continually occupied the property for nearly three years surely I must be past the minimum occupancy period and, therefore, able to give a months notice? I'll mention this to them and see what they say.
The minimum term will apply to each agreement so your continuous occupation is irrelevant. As you signed a 6-month AST then a proper break clause would be pointless.I'd give notice that you wish to stay on for one more month under a PT then you'll be leaving. Don't sign a new AST or take any guff about admin charges from the Agent.
Edited by mk1fan on Wednesday 13th October 21:11
Gassing Station | Homes, Gardens and DIY | Top of Page | What's New | My Stuff