Am I legally tied or are my landlords being unfair?

Am I legally tied or are my landlords being unfair?

Hi
I've got a problem in that I want to move out from a property I am renting with 2 other housemates as there has been a major clash of personalities and there is absolutely no way I can stay where I am anymore. I really can't emphasise enough, we can't sort out our differences and I have to move out, otherwise I'm worried about my health!
The landlords are saying that I have signed a contract so I cannot leave and also I have obviously made a rash decision.
I have signed a tenancy agreement but surely I can leave?
Another housemate left 6 months ago, halfway through a contract and they let her go - she had a replacement lined up though which made it easier.
Our landlords are mega rich and are going to their sunny house abroad for the winter, in just a few days time! I think they just don't want the hassle of sorting this out.
Is there anything I can do even though I've signed a tenancy agreement? It doesn't say anything about contract to stay - just damage to house/repairs/rent/ inventory etc...
Thanks! x I would write a letter giving 28 days notice of your intention of moving out.

Once you do that, you are no longer obliged to stay within the property.

That is right you do not have to stay. You do however need to pay your rent for the remainder of the tenancy.

It isn't your landlords problem you and your roommates cannot get along, they should not be penalized financially for your inability to pick house mates.

Since you won't get your deposit back I would not pay the last month's rent then leave.

if you signed a lease say for 1 year then that could be a problem but you sighed a month to month contract or a no fix time limit give your 30 day notice an move.was a former landlord.

If you signed a rental agreement for a set period (6 months/year) you are obligated to pay the rent for the entire period. The only way you can avoid paying is if someone else moves in and takes over your obligations. Like the situation you describe with previous housemate.

However if as you say your agreement stipulates no time period then it is a month to month tenancy and you are free to leave at any time.

Your contact should state right at the beginning the dates which it covers. If it doesn't have an end date it's likely to be a month to month agreement.

As already pointed out, you have signed a tenancy agreement, so you must pay the rent for the duration of that contract. You can live wherever you want, as long as you pay the landlord the rent you have promised.

BUT.. to take you to court for damages, they would have to show that your breach of contract caused them financial loss. If you just walk away, that's obvious, they have lost the rent on your room.

If you can persuade someone to move in to replace you and pay the rent, the landlords are not losing anything, they've no basis for a claim, everyone's happy. You might have to come to an arrangement with the new tenant about the deposit, but that shouldn't be too hard.

Hi,

I was in the same situation as you, when I was at university. Its awful isnt it?!! I think you've identified a solution for yourslf when you mentioned the previous housemate who left. I was tied into a tenancy agreement also but as I found a replacement to take on the room and pay the rent, the landlord was okay about it and I got my deposit back.

I'm not sure you can find a replacement at such short notice if you're saying your landlords going away soon, but try. Put loads of ads up on various sites like gumtree and roombuddies. Also try putting ads in local shop windows. Explain to the landlords that you're going to find a replacement for the room, and they should be reasonable about it. Refer any people interested in the room to your landlord.

You could also move out and find somebody to rent the room but transfer the rent to you each month. This is risky though as if they dont pay you rent your landlords will be chasing you, not them. And of course any damage will be down to you as the room would be in your name still.

Good luck.

How long is your contract for ?

Normally, under UK law, if your agreement is for a fixed period, you have a legal obligation to pay the outstanding amount that would be due up to the end of the period.

"Tenants should realise that the fixed-term commitment is in fact a contract. They are committed to stay the full term, or, if they leave early, to pay the full fixed-term rent.

In some cases it may be possible to negotiate an early release from a tenancy but this is a matter for personal agreement between landlord and tenant."


"Where the tenancy has become a Statutory Periodic Tenancy (where the fixed-term has ended and no new agreement signed for another fixed-term) the tenant must give the landlord notice if he wants to leave:

The notice must be in writing
It must be delivered at least 4 weeks before the notice period ends or 1 month if rent is paid monthly
It must bring the tenancy to an end at the end of a full rent period.
The notice period must end at the end of a tenancy payment period: for example, if the rent payment date is on the 20th of each month, the notice period must end on the 20th of the month or the 19th to be on the safe side."

"Tenants needing to terminate and leave early from a fixed term tenancy may negotiate with their landlord to be released from their contract, but this is a matter for personal agreement between landlord and tenant.

Landlords may or may not oblige by attempting to re-let early if the tenant agrees to pay out of pocket expenses - these should be agreed in advance.

Alternatively, the tenant himself may find an alternative tenant, though the landlord will wish to carry out her standard vetting or screening procedures and again may well claim additional expenses."

If you've signed an agreement you must abide by the agreement. It is not your landlord's problem if you can't get along. Mega rich or not, they have every right to spend the winter whereever they choose and not have to absorb the cost or spend the winter fretting over whether the adults they entered into a legal contract can sort out their differences - if they wanted to change tenants every day, they would have bought a hotel.

That being said, in the US, you would not be responsible to pay the balance of the tenancy if you moved out today. You would have to pay whatever amount the landlord lost as result of you moving out and they would have to show they were diligent in minimizing that damage by looking for a new tenant. So if it takes them 3 months to replace you and they have to repair any damage you caused, you would have the pay the 3 months plus damages.

You can present them with a "suitable" roommate to take you place, but remember ultimately it's their decision as to whether the person is suitable.

it all depends on your contract
if its a term contract then you are on the hook for the term of the contract.
if it was a term contract and has now rolled over you can give (usually a months notice)
its not your landloards responsibility to find another tennat to replace you.... .its your responsibility.

in essence the lanlard doesn't care they want the monthly rental that you and your co tennants signed up for.

whether yur landlords are mega rich or whatever is irrelevant... its not their problem, its not for them to help you out. it could be a prpoblem if they are uncontactable for an extended period. they after all would have to agree to anybody you bring in to replace you.

first off work out where you stand legally.... how long is the unexpired term of the rental contract. there will be a date on the contract, there will be a temr on the contract which states what hapens once that date is reached (either the contract extends for another term or it continues subject to a notice period (often a calendar month). having done that you now where you stand. there must be a clause in there stating the duration of the contract (at least 6 months), and it must also state what happnes when the term expires (can it be renewed, does it extend to another period, does it roll over...)

take whatever documentation you have to CAB and get them to advise of your rights. however one thing I would say, almost certainly you can kiss your deposit goodbye

then you need to talk with the other people who are signatories to the lease / tenancy and work out a way forward. they no doubt will want to vet any new tenant.

what you can't do is just walk out... you will be liable for your share of the unexpired term of the contract, and or your notice period. arguably you may also be responsible for you share of the council tax.

This goes by contract law. What does it say in the contract?

If it is a one-year agreement, the landlord can sue you (in small claims court, usually) for the remainder of the rent until he finds a replacement.

If it doesn't have a time, but outlines how much notice to give, give that notice. In writing. Save a copy.

If you were under 18 when you signed it (I don't think you were, but if), you can just walk away. Your defense would be that you were an infant (legal term) and cannot be bound by contract. Bring proof of age for the judge to see.

Another choice is, if you have no assets, to get the judgment against you, and file bankruptcy. But see a lawyer for that; bankruptcy laws have changed and they are not as "friendly" as they used to be.

Otherwise, you may not be stuck living there, but you may be stuck paying.

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