ChatterBank6 mins ago
Urgent
We gave our LL a notice that we need to move out before contract ended. He start txt us that we need to get out next day... we told him that we will leave our bond because we need to move out earlier. Is he still have legal right to charge us for extra months?
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You've not stated what type of tenancy you have.
Quote:
"If you have a fixed-term tenancy (one that runs for a certain period) and there is nothing in the tenancy agreement about ending the tenancy early, you may have to pay your landlord compensation to get out of the contract. The compensation amount could be for the remaining amount of rent left on the tenancy, but may be less if your landlord can find a new tenant before your tenancy was due to run out".
Source:
http://www.direct.gov...g/Tenancies/DG_189123
Without knowing the TYPE of tenancy ('assured'?, 'assured shorthold'?, 'fixed term', 'periodic'?) and the specific TERMS of the contract which you've entered into, it's impossible to provide you with a definitive answer. But, as the quote above shows, there are circumstances when you must continue paying rent right up until the end of the contract (even if you move out on the first day, or never even move in at all).
Chris
Quote:
"If you have a fixed-term tenancy (one that runs for a certain period) and there is nothing in the tenancy agreement about ending the tenancy early, you may have to pay your landlord compensation to get out of the contract. The compensation amount could be for the remaining amount of rent left on the tenancy, but may be less if your landlord can find a new tenant before your tenancy was due to run out".
Source:
http://www.direct.gov...g/Tenancies/DG_189123
Without knowing the TYPE of tenancy ('assured'?, 'assured shorthold'?, 'fixed term', 'periodic'?) and the specific TERMS of the contract which you've entered into, it's impossible to provide you with a definitive answer. But, as the quote above shows, there are circumstances when you must continue paying rent right up until the end of the contract (even if you move out on the first day, or never even move in at all).
Chris
not really sure why he told me that he was kind of threatening us as well we have all saved up on the phone. We sign 12month contract. We need to move out 3 months earlier due to personal problems. Also out LL agreed for us to move out earlier in first few msgs... only later on the same day he started to kick off...
"Also just looked on my contract and there is nothing about giving any notice to the LL or that we need to pay anything if we brake (sic) a contract."
Firstly, there need not be anything in your contract about giving notice, this is because you have a contract for 12 months and at the end of that you don't need to give notice.
There will be no mention of breaking the contract early because (again) you have a 12 month contract. Likewise there will be no need in the contract to mention compensation for breaking the contract. To repeat, you have signed a 12 month contract, not a contract with the option to get out after 9 months. Unless the LL decides to let you break the contract early then you have to pay for the full 12 months that you signed up for.
Firstly, there need not be anything in your contract about giving notice, this is because you have a contract for 12 months and at the end of that you don't need to give notice.
There will be no mention of breaking the contract early because (again) you have a 12 month contract. Likewise there will be no need in the contract to mention compensation for breaking the contract. To repeat, you have signed a 12 month contract, not a contract with the option to get out after 9 months. Unless the LL decides to let you break the contract early then you have to pay for the full 12 months that you signed up for.
Unfortunately, your personal problems are not the landlords concern either. As previously stated by others, your bond is for damages to the property and is not allowed to be used to pay the rent after you have left. He is entitled to his rent for the full term of the contract. The fact that you have personal reasons for needing to move earlier is not really his problem. He may let you off earlier if you can find a tenant to replace you.
The contract is there to protect both the landlord and you. When you sign upto the 12 month contract you have the assurance that you have a place to live for that period of time. Your landlord has the assurance that they will receive rent for the property for that period.
The landlord may be more flexible if you find a tenant who can move in without any gaps. I don't know your landlord but I have friends who are landlords and they rely on the rent to help pay the mortgage on the property so you are probably putting your landlord in financial difficulty.
The landlord may be more flexible if you find a tenant who can move in without any gaps. I don't know your landlord but I have friends who are landlords and they rely on the rent to help pay the mortgage on the property so you are probably putting your landlord in financial difficulty.
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