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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I have a very basic agreement which is for a year. It does

Resolved Question:

I have a very basic agreement which is for a year. It does not stipulate in the T&Cs how much notice I should give or how much the landlord needs to give me to leave. I have been renting for six months and would like to leave the property but the managing agent said it is an annual agreement. Should the agreement state what notice etc I need to give?
Submitted: 3 years ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

 

Hi,

 

Thanks for your Question.

 

I'm afraid you will be bound by the full term of the tenancy agreement unless there is a break clause in it entitling you terminate at a certain point during the term or the property is unfit for human habitation (which would also entitle you to terminate).


There is no statutory notice period implied in to agreements until such time as the fixed term expires. If you wish to leave at the end of the fixed term then you are not required to give any notice whatsoever to the landlord.

 

However, landlords are generally under a duty not to unreasonably refuse a suitable tenant and your focus now should be on finding one. If the landlord acted through agents then you should explain your situation to them and press them (and continue to press them) to find you a replacement tenant. If the landlord acted on his own then you should speak to him to check that he would be amenable to your finding a replacement tenant. You can then use http://www.gumtree.co.uk/ to find a tenant (private landlords frequently use this service.

 

I assume that any deposit taken by the landlord has been lodged with a tenancy deposit scheme, if it has not then you could potentially sue for the return of the deposit and a fine payable from the landlord to you of three times the deposit amount.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom

Customer: replied 3 years ago.
The tenancy actually belongs to my son, the neighborhood is not what he thought it was and there are a lot of 'drug related' people living near by who are giving him a hard time (he's been living at my house for six weeks!). Not the type of people you could get the police involved in.

I'm not sure about the deposit, I know the landlord kept it rather than the managing agent, but is may have been through a deposit safety scheme.

I guess we'll have to plumb for the alternative tenant suggestion, seems our only option really.

Kind regards
Violet
Expert:  Thomas replied 3 years ago.

Violet,

 

I'm afraid that the unpleasant area is not a sufficient reason to terminate either.

 

Check about the deposit, it could provide your son with valuable leverage.

 

I should be grateful if you would click accept. I will continue to answer any follow up question you may have.


Kind regards,


TOm

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6290
Experience: BA (Hons), PgDip, Practising Solicitor
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