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  • Advice on 'assured shorthold tenancy' please
  • ste_t
    Free Member

    I started a new job in August, doing four weeks training in Birmingham where I stayed with friends, but then started on site in Nottingham two days after finishing my training. This left me with two days to find somewhere to live and to move all of my belongings.

    In my haste I agreed to rent a room in a shared property and subsequently signed an ‘assured shorthold tenancy’ for a six month term, purely as I couldn’t risk not having a roof over my head at night and did not know anyone in the area.

    In the tenancy agreement it states that if I were to leave before the agreed six months ‘the landlord may have to recover….. damages in respect of any breach of this agreement,’ with a deposit ‘to be held by the landlord…. To be used to offset or non-payment of rent or in compensation of any other non-compliance by the tenant with his agreement under the tenancy…’

    There is a bit that concern me ‘If you do not pay rent for the first six months your debt will be registered with Experian and will affect your credit rating in the future.’ Can they really do that?!

    The problem is that my girlfriend stayed behind in North Wales when I moved but has now sorted out a transfer with her job less than five minutes walk from where I work and will be moving in 5 weeks. Unfortunately my tenancy also states ‘not to allow any other person into occupation of the property.’ The house is a bit of a dump and in a pretty dire area so I want out of this tenancy so that I can get somewhere decent with my girlfriend.

    Any insight as to where I stand legally if I attempt to get out before the six months is up? I want to be armed with the facts before I discuss with the landlord incase she is unwilling to compromise given my circumstances. This is a private tenancy agreement with the landlord and no agents were involved at any point.

    midlifecrashes
    Full Member

    Yes, you have agreed to pay rent for six months, there is no reason to assume otherwise from what you say. However if you just cleared off it would be a total ballache for the landlord and they would be right to chase you for the money, legally and morally.

    To get the landlord onside, I’d be thinking you should be offering to pay rent not up to the time you leave, but until a replacement tenant moves in, together with other advertising, admin and changeover costs (I always change locks, thorough clean and paint touch-up and rug doctor the carpets).

    Edit: I’m a self-managing landlord so you may have very significant agency fees to add as well. Where is it? Spent my student days in Nottingham with my girlfriend from North Wales, in a building that had been condemned five years before I moved in!

    ste_t
    Free Member

    I wasn’t planning on just upping and leaving, I’m actually too nice for that – just wondered if I had any legal standing if she tried to play out as the contract reads.

    I’ve moved from Llandudno after 4 years there to Old Basford in Nottingham – waking up every morning to grey instead of seaside and mountains affects me more than I thought it would!

    I found the room on spareroom.com so costs should hopefully be minimal, will discuss with the landlord tomorrow. When I accepted the job, we split up and I moved on my own but we since made up and it is only within the last few days that she has decided to move here so I haven’t intentionally deceived anyone.

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