UK Property Law
Get UK Property Law Questions Answered by Experts
It's untitled "Assured Shorthold Tenancy Agreement".
It's a joint tenancy agreement with other tenants, although I wasn't really aware of that when I signed in.
Under "term", it says:
"The term shall be from and including 19 March 2013 to and including 31 January 2014 and then monthly periodic. "
However, it also contains a break clause that states:
"The tenant may bring the tenancy to an end at any time by giving to the landlord at least two rental month's prior notice in writing. "
I gave my notice last week. I am going to move onto a new flat on Thursday. I can't afford to stay in a house share where I got so much abuse. I have a high responsibility job which may be compromise by all that extra stress. ( I am an airline pilot).
I was willing to do my best to find another tenants to take my room, and then reduce my notice period. But the landlord doesn't seem very cooperative.
I am very tempted to move to my new place, forget about my actual place's deposit, and not pay the rent during the two months of my notice period. I know that legally I will be wrong, but I would like to know, from your experience, if the landlord or letting agency would go through the hassle of suing me to get those two month rent, or if they will simply keep my deposit.
Bearing in mind that I am vacating the property on the 27th of September, and the notice period covers the month of October and November.
Really my question is more a risk level assessment.
The tenant is defined as our 4 names on the tenancy agreement.
As a matter of fact, 3 of us have given our notice period last week. One is moving for a new job, another one decided to leave when I told her I was leaving as she also being bullied.
The reminding one, is of course the one causing the trouble, and she is the only one in direct contact with the landlord. I think they have a good relationship. I only dealt with the letting agency so far.
Thank you for your answer Tom, before rating you to an excellent service I just would like to make sure I understand you correctly.
As I understand, none of our notice period is legally valid. I guess in that case he couldn't just sue me, if he were to go to court, he would have then to sue all of us.
What do you mean when you say if I am aware of him using an Agent? I know he's renting the property through a letting agency, called guardian residential. But I am not sure if that's what you meant. ( you have to excuse me, I am a foreigner, so it's all a bit hard to me)?
Also, we are not talking about a huge rent. Each one of us pay 340£ every month. So is the cost of suing me worth doing for that amount?
I have no knowledge at all about going to court in the UK, I have no idea about the price involved, the hassle, and the length of the procedure.
To clarify, your advice was to try to contact him directly, negotiate to reduce the notice period to one month, pay him and get him to execute a surrender of tenancy?
Thank you for your help.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).