Getting out of 12 month AST?

Getting out of 12 month AST?

Author
Discussion

trowelhead

Original Poster:

1,867 posts

120 months

Saturday 15th July 2017
quotequote all
Hello all.

Lease on my current rented place is up in November and the landlord does not want to extend (as he is moving back in)

So i've been looking around for another rental.

I came across a lovely specced flat and decided to take a 12 month contract (AST) this was last week.

In the meantime, i've decided it wold actually be far better to buy a place instead.

I've offered the landlord 2 months rent if he agrees to voluntarily terminate - but he has declined this.

The agent said the only option is to relet, and i'm liable for all rent and costs up to the point a new tenant is found.

While this is fair enough - it's not great as this could be any amount of time with no real incentive for them to relet this place fast?

I assume i have no leg to stand on - or is there something i can do to get out of this?

Cheers!

gred

447 posts

168 months

Saturday 15th July 2017
quotequote all
Most AST's have a break clause that can be exercised at four months with two months notice, so effectively you're out at six months. This works both ways, for landlord and tenant. Finding and buying a house always seems to take longer than anticipated and the process can always be slowed down a bit, so maybe you should try and plan to take the new tenancy and then vacate to tie in with a purchase?

frisbee

4,956 posts

109 months

Saturday 15th July 2017
quotequote all
Have you actually moved in or signed a contract? In theory the AST doesn't start until you've moved in but if you've signed a contract then you would still be breaching it.

Two months sounds more than reasonable though.

Yabu

2,052 posts

200 months

Saturday 15th July 2017
quotequote all
trowelhead said:
I've offered the landlord 2 months rent if he agrees to voluntarily terminate - but he has declined this.

The agent said the only option is to relet, and i'm liable for all rent and costs up to the point a new tenant is found.

While this is fair enough - it's not great as this could be any amount of time with no real incentive for them to relet this place fast?

I assume i have no leg to stand on - or is there something i can do to get out of this?

Cheers!
Which are you trying to get out of the new ast or where you are now?



dmsims

6,450 posts

266 months

Saturday 15th July 2017
quotequote all
Yabu said:
Which are you trying to get out of the new ast or where you are now?
Why don't you read what the OP wrote ?????? rolleyes

dazwalsh

6,095 posts

140 months

Saturday 15th July 2017
quotequote all
I'd be getting quite angry after they refused the 2 months rent, no doubt they could re-let within a week if they wanted, but they are just been awkward.

Tell them they can have the generous offer of 2 months for the inconvenience or they can have nothing

I believe (and i'd be happy to be corrected) that the tenancy only begins once you occupy the property, an AST is only an agreement to start a tenancy. You'd still be liable for losses and I believe the 2 month offer more than covers this. You wouldn't be on breach of anything stated on the tenancy agreement.




dogz

332 posts

255 months

Saturday 15th July 2017
quotequote all
I'd ignore quite a lot of what's written here as its nonsense

If you have signed you are legally bound to honour the contract and if you breach it you can be sued. As soon as you sign you are bound under contract law, once you move in then tenancy law applies

If you look at it from the landlords position - he though he had a tenant for 12 months with an income stream, he's probably paid the estate agent a finding fee and if you leave he will gain max 2 months rent but also incur more costs and hassle

When this has happened to me , I have made the same proposition to tenants who want to get out early. Pay the finders fee and any rent due up until the new tenant moves in. Seems fair for all parties

You need to keep it friendly - saying 2 months rent or nothing would really piss me off and its in your interests to keep everyone on side to find a new tenant so you can move on quickly and with minimal cost

Edited by dogz on Saturday 15th July 21:03

trowelhead

Original Poster:

1,867 posts

120 months

Monday 17th July 2017
quotequote all
frisbee said:
Have you actually moved in or signed a contract? In theory the AST doesn't start until you've moved in but if you've signed a contract then you would still be breaching it.

Two months sounds more than reasonable though.
Not physically moved in, contract digitally signed and i have picked up keys

trowelhead

Original Poster:

1,867 posts

120 months

Monday 17th July 2017
quotequote all
Yabu said:
Which are you trying to get out of the new ast or where you are now?
The new AST

trowelhead

Original Poster:

1,867 posts

120 months

Monday 17th July 2017
quotequote all
gred said:
Most AST's have a break clause that can be exercised at four months with two months notice, so effectively you're out at six months. This works both ways, for landlord and tenant. Finding and buying a house always seems to take longer than anticipated and the process can always be slowed down a bit, so maybe you should try and plan to take the new tenancy and then vacate to tie in with a purchase?
I could not spot one in the contract, i have emailed the agent to ask about this incase i missed it

trowelhead

Original Poster:

1,867 posts

120 months

Monday 17th July 2017
quotequote all
dazwalsh said:
I'd be getting quite angry after they refused the 2 months rent, no doubt they could re-let within a week if they wanted, but they are just been awkward.

Tell them they can have the generous offer of 2 months for the inconvenience or they can have nothing

I believe (and i'd be happy to be corrected) that the tenancy only begins once you occupy the property, an AST is only an agreement to start a tenancy. You'd still be liable for losses and I believe the 2 month offer more than covers this. You wouldn't be on breach of anything stated on the tenancy agreement.
Yes i thought 2 months rent plus reletting fee was more than fair. I'm a landlord also and would be more than happy if any tenant offered that to me.


trowelhead

Original Poster:

1,867 posts

120 months

Monday 17th July 2017
quotequote all
dogz said:
I'd ignore quite a lot of what's written here as its nonsense

If you have signed you are legally bound to honour the contract and if you breach it you can be sued. As soon as you sign you are bound under contract law, once you move in then tenancy law applies

If you look at it from the landlords position - he though he had a tenant for 12 months with an income stream, he's probably paid the estate agent a finding fee and if you leave he will gain max 2 months rent but also incur more costs and hassle

When this has happened to me , I have made the same proposition to tenants who want to get out early. Pay the finders fee and any rent due up until the new tenant moves in. Seems fair for all parties

You need to keep it friendly - saying 2 months rent or nothing would really piss me off and its in your interests to keep everyone on side to find a new tenant so you can move on quickly and with minimal cost

Edited by dogz on Saturday 15th July 21:03
Thanks, that's what i feared to be honest, as soon as signed i'm liable. I did offer the relet fee ontop of 2 months rent...

Its a fairly high end expensive place so i assume the void period would be more of a worry to him.

Yes the agent have said the only thing they can do is remarket and i pay up until the new person is signed. Fair enough - but i'm concerned it would be months and months!

Cheers all for the input!

Andehh

7,107 posts

205 months

Monday 17th July 2017
quotequote all
Post on one of the Tenant biased forums, as they will have a wealth more info then the more general Pistonheads Home & garden. A quick google reveals a few forums that you could post on.

http://www.thetenantsvoice.co.uk/forum/
http://www.tenantstips.co.uk/Forums
https://www.landlordforumproject.co.uk/


How much info does said Landlord have on you, a guarantor etc?


In this day & age of tenants landing in hardship & not paying rent until Landlords spends months & a fortune on courts, bailiffs and forced evictions (as per Channel 4/FIVE's default programme type), I'd be keen to see what you could realistically loose it you handed back the key's, and stopped payment with a covering letter offering 2 months rent. Walk away & see what happens?

I imagine it's a very brave landlord to ps off a tenant who in theory has 12 months worth of time to plan & trash a place, avoid rent payment & then disappear over the horizon....

archie456

417 posts

221 months

Monday 17th July 2017
quotequote all
Andehh said:
Just screw the landlord
Nice advice, this is basically what is wrong with a lot of people today. He's committed to 12 months so why do you think he shouldn't honour that?

He's said it's an upmarket property, and so changing tenants isn't such a trivial or cheap process for the landlord. If all tenants started behaving like this then rents would simply increase to cover the losses regularly incurred.

It's also very difficult for a professional person to disappear, especially if they are a homeowner. The landlord wouldn't have too much difficulty locating him.

So

26,271 posts

221 months

Monday 17th July 2017
quotequote all
archie456 said:
Andehh said:
Just screw the landlord
Nice advice, this is basically what is wrong with a lot of people today. He's committed to 12 months so why do you think he shouldn't honour that?

.
Because tenants only have rights, not responsibilities.

dogz

332 posts

255 months

Monday 17th July 2017
quotequote all
Andehh said:
In this day & age of tenants landing in hardship & not paying rent until Landlords spends months & a fortune on courts, bailiffs and forced evictions (as per Channel 4/FIVE's default programme type), I'd be keen to see what you could realistically loose it you handed back the key's, and stopped payment with a covering letter offering 2 months rent. Walk away & see what happens?

I imagine it's a very brave landlord to ps off a tenant who in theory has 12 months worth of time to plan & trash a place, avoid rent payment & then disappear over the horizon....
The people who do this tend to be ones with very little money or assets in their name

The OP stands to gain a boat load of hassle, increased costs, bailiffs and potential CCJ plus still having to pay the money back

Its an expensive mistake but hopefully another tenant will be found quickly and it can just be chalked up to experience

yajeed

4,888 posts

253 months

Monday 17th July 2017
quotequote all
Surely if they've got until November to find someone, then you just ask them to start that search.

The chances are they'll do so before then, surely?

trowelhead

Original Poster:

1,867 posts

120 months

Tuesday 25th July 2017
quotequote all
dogz said:
Andehh said:
In this day & age of tenants landing in hardship & not paying rent until Landlords spends months & a fortune on courts, bailiffs and forced evictions (as per Channel 4/FIVE's default programme type), I'd be keen to see what you could realistically loose it you handed back the key's, and stopped payment with a covering letter offering 2 months rent. Walk away & see what happens?

I imagine it's a very brave landlord to ps off a tenant who in theory has 12 months worth of time to plan & trash a place, avoid rent payment & then disappear over the horizon....
The people who do this tend to be ones with very little money or assets in their name

The OP stands to gain a boat load of hassle, increased costs, bailiffs and potential CCJ plus still having to pay the money back

Its an expensive mistake but hopefully another tenant will be found quickly and it can just be chalked up to experience
Exactly this

1. Do not want to destroy my credit rating with a ccj for unpaid rent
2. Do not want to ruin my reputation with the agent
3. I am aware of my responsibilities and no one forced me to sign on to 12 month term - i'm more than happy to face up to that!


UPDATE

I came back to update this as i hate threads where OP disappears with no conclusion.

Agent called me last week - a new tenant is lined up but they are only willing to pay a lower rent and only a 6 month term

Landlord wants a further 2 months rent ontop of the first month already paid

We agree to compromise on one further months rent plus relet costs. New tenant moves in on 1st of next month.

So pretty good resolution overall - thanks all for the help!! And also found and placed reservation fee on my dream home found by chance this week. Strange how things seem to work out like that sometimes!!


Andehh

7,107 posts

205 months

Tuesday 25th July 2017
quotequote all
Thanks for the update, good news indeed for you!!

archie456 said:
Andehh said:
Just screw the landlord
Nice advice, this is basically what is wrong with a lot of people today. He's committed to 12 months so why do you think he shouldn't honour that?

He's said it's an upmarket property, and so changing tenants isn't such a trivial or cheap process for the landlord. If all tenants started behaving like this then rents would simply increase to cover the losses regularly incurred.

It's also very difficult for a professional person to disappear, especially if they are a homeowner. The landlord wouldn't have too much difficulty locating him.
You are not wrong! frownboxedin