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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6519
Experience:  BA (Hons), PgDip, Practising Solicitor
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I would like to leave the property i am currenty renting on

Resolved Question:

I would like to leave the property i am currenty renting on a six month contract, I was told at the time of renewal that i would have to either vacate the property or sign for six months.
after speaking with the tennancy agent today she said if we had of rung her we could of
gone onto a rolling contract. We have nothing in writing to say this was an option and as a first time renter we did not know we could do that. Can we put in notice to leave?
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas replied 2 years ago.

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. When does the fixed term of the tenancy expire please

Kind regards.

Tom

Customer: replied 2 years ago.

It expires on 3rd July,

Thanks

Expert:  Thomas replied 2 years ago.
Ok. What is the start date of the tenancy please?Tom
Customer: replied 2 years ago.
4th Jan 2012
Expert:  Thomas replied 2 years ago.
Hi, Thanks for your reply.It’s not great news I’m afraid. 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 as it would be what is called a repudiatory breach of contract). If a tenant stays in occupation of a property beyond the fixed term of a tenancy then the tenancy turns in to a Statutory Periodic Tenancy, which means that it rolls on from one rent period to the next (usually month to month). Had you stayed in occupation past the expiry date of your previous tenancy then you could serve one month’s notice. The difficulty is that the agent acts for the landlord, they do not act for you and are therefore not under any duty to advise you of the statutory periodic tenancy so you cannot hold them to account and serve notice now unfortunately. If you still wish to get out of the tenancy then 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 www.gumtree.co.uk to find a tenant (private landlords frequently use this service. If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept. Kind regards,Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6519
Experience: BA (Hons), PgDip, Practising Solicitor
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