Breaking a rental agreement

[Mudball]

A family friend (who is an overseas citizen) has been renting when they moved to the UK last year. it is a lovely house. Unfortunately, the guy had a heart attack earlier this month and is no more. His wife is now trying to wind down the house and relocating to home country. She is not yet fully versed with the Brit ways of life. Her primary concern is the house. I think they signed a 3 yr contract with a break clause at 12 months. Their 12 mth mark is Oct/Nov. She is planning to move back in May/early June. The house is fully managed and she does not know the landlords. While they have never been arrears, she is in no financial position to pay rents till Oct. The letting agents have said... tough luck, the break clause is in Oct, so she has to pay even if she vacates. The agents have put 'To-let' signs outside. Agents wont provide landlords details.

What is the best advice for her?

As a fall back, she can always leave without letting anyone know. She has no roots in the country and there is almost no way they can pursue a civil matter like this via international courts (i think). She is keen to have a clean break.

Thoughts appreciated (esp any landlords on here)

 

[3offTheTee]

A family friend (who is an overseas citizen) has been renting when they moved to the UK last year. it is a lovely house. Unfortunately, the guy had a heart attack earlier this month and is no more. His wife is now trying to wind down the house and relocating to home country. She is not yet fully versed with the Brit ways of life. Her primary concern is the house. I think they signed a 3 yr contract with a break clause at 12 months. Their 12 mth mark is Oct/Nov. She is planning to move back in May/early June. The house is fully managed and she does not know the landlords. While they have never been arrears, she is in no financial position to pay rents till Oct. The letting agents have said... tough luck, the break clause is in Oct, so she has to pay even if she vacates. The agents have put 'To-let' signs outside. Agents wont provide landlords details.

What is the best advice for her?

As a fall back, she can always leave without letting anyone know. She has no roots in the country and there is almost no way they can pursue a civil matter like this via international courts (i think). She is keen to have a clean break.

Thoughts appreciated (esp any landlords on here)

How sad for the lady. I was a landlord for a short time and in a small town, 10,000 people so it was easy to pursue the defaulter, especially as he was a trainee solicitor and I eventually took at an Attachment of Earnings Order.

All the credit to your lady as she could just have done a runner. she was upfront with the landlords and I would have expected a more sympathetic approach. they are trying to re let which is a start bur wonder what the demand is at that price in your area?

Sure nobody would pursue her for the amount involved and whilst the course of action is not to be condoned it is a practical way forward. Obviously she needs perfect timing as if she has paid one month in advance she needs to leave just before the next instalment is due. Also leave the house in good condition.

She could have just upped sticks and gone which with hind sight would have been the best option so all credit to her


Cannot offer much other advice but given her circumstances sure 95% of people would adopt a similar action

 

[Hobbit]

Long shot…

Whose name is on the rental agreement? If it’s joint or his name, it might mitigate liability.

 

[Mudball]

Long shot…

Whose name is on the rental agreement? If it’s joint or his name, it might mitigate liability.

Great point… i checked with her.. unfortunately now in joint name

 

[PhilTheFragger]

@GB72
What’s your take on this?

As a landlord, if this happened to my tenant, I would be very sympathetic.

Accept that circumstances have changed, agree a move out date and get the letting agents in early to market the place so the void period is as small as possible.

Sounds like the letting agents are being unreasonable,

 

[CliveW]

I would suggest she takes legal advice. There are different laws regarding lettings, depending on where in the UK the property is. Citizen's Advice would be a good place to start.

 

[backwoodsman]

As above. Sad as the situation is, she wants/needs to break a legal contract - and the contractor is probably under no obligation to show leniency or compassion. She needs legal advice.

 

[SwingsitlikeHogan]

Is ther no force majeure clause in a rental agreement?

 

[BrianM]

Great point… i checked with her.. unfortunately now in joint name

Surely Death means the contract is null since one of the partnership is no longer involved?
Can she not just say she can’t afford it on her own, what can they actually say to that….

 

[Old Colner]

@GB72
What’s your take on this?

As a landlord, if this happened to my tenant, I would be very sympathetic.

Accept that circumstances have changed, agree a move out date and get the letting agents in early to market the place so the void period is as small as possible.

Sounds like the letting agents are being unreasonable,

I agree with you 100% but it seems to me that the landlords are not aware of the situation, dealings seem to be with the agents.

 

[Mudball]

I have a feeling that the Agents want to play hard ball.. it is a fully managed let. I dont know if the landlord knows the details. I am assuming that the landlord knows that there have been viewings. Apparently landlords have increased rent by 20%. Cant blame landlords if their BTL mortgages have gone up.

I will ask her to check with Citizen Adv Bureau.. .or atleast threaten to. May just wake up the agents to do something.

Came across this piece... looks like a minefield >>https://www.landlordlawblog.co.uk/2014/05/21/what-happens-to-a-tenancy-when-the-tenant-dies/

 

[Slab]

Any chance the agent would be open to an offer?

With 6 months remaining before the initial break clause do you know if the lady actually made the agent an offer or did she just want to quit this month.
Maybe an offer of a minimum of 50% of rent due to the break clause point might make them reconsider their opposition

 

[Mudball]

Any chance the agent would be open to an offer?

With 6 months remaining before the initial break clause do you know if the lady actually made the agent an offer or did she just want to quit this month.
Maybe an offer of a minimum of 50% of rent due to the break clause point might make them reconsider their opposition

TBH., I dont know.. she did ask for a settlement. She is open to the idea that she will lose the deposit, but she cant pay 6 months of rent (i suspect it is 10k+). she has explained it to the agents, which explains the viewings

 

[GB72]

@GB72
What’s your take on this?

As a landlord, if this happened to my tenant, I would be very sympathetic.

Accept that circumstances have changed, agree a move out date and get the letting agents in early to market the place so the void period is as small as possible.

Sounds like the letting agents are being unreasonable,

Only holiday mate so do not have access to usual resources as guessing a contract that long would fall outside the standard assured shorthold legislation

 

[Slab]

TBH., I dont know.. she did ask for a settlement. She is open to the idea that she will lose the deposit, but she cant pay 6 months of rent (i suspect it is 10k+). she has explained it to the agents, which explains the viewings

I'm no expert but I'd think she needs to make an offer (& that offer will be accepted or rejected) then in either case a 'realistic' offer has been formally made. That act in itself may help her down the line
Leaving the personal loss and grief to one side, financially the agent/landlord is losing out so I'd have thought some tangible effort from the tenant has to be made to minimise that loss

 

[WGCRider]

The agents have put 'To-let' signs outside. Agents wont provide landlords details.

What is the best advice for her?

The best thing she can do is work with the agents to find new tenants. 1) Make sure the place is in showroom condition - clean and preferably furnished. 2) Be accommodating of any viewings 3) Be flexible/prepared to move whenever.
The agents will be more than happy to propose breaking the agreement to the landlords if they can say to the landlord it's okay cause they have someone else lined up.

 

[BrianM]

Your friend is probably being too thoughtful here, it would be more hassle than it’s worth for the agency to chase her up for money she doesn’t have due to the mitigating circumstances.
She should pay her last month and move out, telling them she can’t afford it anymore due to losing her partner.
Definitely looking into it too much.

 

[Old Colner]

Your friend is probably being too thoughtful here, it would be more hassle than it’s worth for the agency to chase her up for money she doesn’t have due to the mitigating circumstances.
She should pay her last month and move out, telling them she can’t afford it anymore due to losing her partner.
Definitely looking into it too much.

It all depends how much the bond is, she is very likely to lose that.

 

[Bunkermagnet]

I would imagine the deposit would be 3 months rent, that seems quite normal I have seen through my dealings. Also don't forget the letting agent is for the landlord, and will do what they can for them.
The agent is unlikely to give any details out about the landlord, that is normal practice.

 

[SwingsitlikeHogan]

LBC Saturday Evening 9pm-10pm, Daniel Barnett - The Legal Hour. 0345 60 60 973

This rental agreement issue is precisely the sort of problem that he is keen to hear about as he has been putting quite a bit of focus on rental issues of late.