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  • Advice Needed – Leaving a flat early.
  • Retrodirect
    Free Member

    I'm going to go in and see my landlord tommorow because I'm a reasonable bloke and want to get this sorted properly, but just want to see if anyone has any advice.

    As for background:
    I'm needing to move out of my flat – been living in and out of my overdraft for the past 3 and a half months and have just lost my job so financially am not in a great position. I've just been offered a job starting in two weeks in Edinburgh (where my parents live so could stay with them until I'm more on my feet).

    I have 2 and a half months left on my lease, i'm wanting to get out of my lease by the weekend. Is it reasonable to forego my deposit and just leave? or will their be repercussions (trying to hassle me for more rent after I've left) Essentially I'd be giving them my deposit (a months rent) rather than staying 2 and a half months then getting my months deposit back – so a good deal for the landlord.

    TandemJeremy
    Free Member

    You need to check the terms of your lease to be sure – usually one months notice but not always.

    I'd be surprised if he wouldn't accept a months rent in lieu of notice When is the rent due? has the landlord been reasonable with you?

    Steve-Austin
    Free Member

    You are liable for the rent until the end of the contract.
    3 ways to end a tenancy contract within the fixed term
    1. mutually agreed surrender
    2. use a break clause that will be written into the contact
    3. landlord evicts using the courts.
    Thats the only 3 ways

    mastiles_fanylion
    Free Member

    If you are starting a new job in two weeks and living rent free surely you should just tell him you are leaving, pay the rent in full till the end of the agreement then get your deposit back.

    teef
    Free Member

    Agree with the landlord that you'll pay rent until the property is re-let. You may need a reference from the landlord if you want to rent a place in Edinburgh. The deposit is supposed to cover damages / cleaning costs – not as the last months rent.

    toys19
    Free Member

    Steve-Austin – Member

    You are liable for the rent until the end of the contract.
    3 ways to end a tenancy contract within the fixed term
    1. mutually agreed surrender
    2. use a break clause that will be written into the contact
    3. landlord evicts using the courts.
    Thats the only 3 ways

    Steve I assume you work for shelter and know your onions, but I want to disagree with you slightly here. Whilst technically you may be correct practically you are a slightly off. I'm a landlord and have some hands on experience with tenants and the courts in solving these issues.

    If he walked out today the landlord should make reasonable steps to re-let the property asap, and whatever his costs (lost rent advertising etc) the tenants is then liable for, if he just sat back and waited until the tenancy was up without trying to re let and then tried to sue the tenant for all the lost rent the courts will not accept his claim. Although if he can prove he made reasonable efforts to let and could not let it for the whole period then yes the tenant would be liable for the whole period.

    OP if you are insisting on leaving, talk to the landlord and let him know, then ensure you put it all in writing, and take the hit on costs. I'm a landlord and I'm reasonable, if you covered my costs so that I wasn't out of pocket due to you leaving early then I'm happy.

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