Breaking / Canceling Tenancy Agreement.

[springbulb81]

I own a property being let out and last year agreed to a 5 year tenancy contract ending in Feb 2018.

After a year the tenants haven't exactly been the best and I can foresee problems in the future.

If I were to say I want to end the tenancy now (which is obviously breaking the terms of the contract) could this be done?

What ramifications could come of it besides pissed off tenants?

Thanks

[bednobs]

not sure, but why don't you negotiate with them? They may feel the sam way!

[wiltsman]

What about the small print in the tenancy agreement?

Could you find anything there that might give you some leverage?

[EcclesCake]

There must surely be some sort of exit clause in the agreement?

If they are not behaving themselves what does the agreement say about warnings and the ramifications if they are not heeded?

[springbulb81]

They are behaving themselves in accordance with the contract. I am trying to find out if I could end it for any reason other than the tenants behavior.

[boxtops]

You'd need to demonstrate that they have broken the tenancy T&Cs in some way, IMO. When you say they haven't been the best, but they are compliant, what do you mean?

[EcclesCake]

Is there really no provision in the contract for early termination by either side?

An awful lot can happen in five years and both parties should have made provision in some form.

Was this a professionally drawn up tenancy agreement?

[springbulb81]

Nothing bad. Just the kind of people they are and a couple unreasonable requests paired with a lot of attitude.

There must be someway it can be done. What if were to suddenly become homeless and my my son HAD to move back in?

[Mamyalynne]

https://www.gov.uk/tenancy-agreements-a-guide-for-landlords/ending-a-tenancy

[boxtops]

As mamya's link shows, you can't just chuck people out because you need the premises - you have a legallty-binding agreement with them. I guess this is why it's not a good idea to have such a long-term agreement - I've always had 6-month or 1 year agreements, with the option to renew or not on either side.

[Mamyalynne]

The Landlord can if he needs to go to live in the property but still must follow the rules of eviction.

[themas]

As I'm sure you realise now, entering into a 5 year agreement without a formal break clause in it was not the wisest decision! Far better to use 6 month or 12 month Assured Shortholds.

So long as the tenants do not breach any of the terms of the contract you cannot evict them, & I'm pretty sure Mamya is wrong to say you can go & live there with them. You have given them a tenancy of the whole property so - for the duration of the contract - you have forfeited your right to live there.

You have 3 options:

1. Put up with the situation unless they do breach the contract.
2. Negotiate with them - but from what you say it seems pretty unlikely you'll be successful unless (possibly) you're willing to give them a substantial pay-off.
3. Consult a solicitor, but beware the possibility of getting involved in legal work which will very likely be unsuccessful & which will probably be expensive.

[Peter Pedant]

jesus - why didnt you do a year renewable like the rest of us do?

I think you have to wait for problems or negiotiate with the tenants who may also be unhappy.

If they have broken the contract then you can get them out
but other than for rent arrears, the judges arent that keen

a district judge took time off to tell me that the end of a contract was OK but my second ground - that the tenants son had been convicted of serious sexual assaults against neighbours, wasnt good enough.


I mean you know - 5 y is 5y.... it is not 5y or at will or next month if I feel like it

[Mamyalynne]

themas


" I'm pretty sure Mamya is wrong to say you can go & live there with them."


Where on earth did you read that ??!!

[themas]

Mama

Your earlier post on 7th says:

"The Landlord can if he needs to go to live in the property but still must follow the rules of eviction."

What did you mean if it was not that the landlord could move in while the tenants were still there? It's perfectly obvious that the landlord could move in once the tenants had moved out so - if that is what you meant - it didn't need to be said.