ending a tenancy. help!

[stroma88]

im just looking for some advice!

does anyone have any experience in ending a tenancy early?
right now im living in Edinburgh at the bottom of leith (portland street) and i hate it! i feel unsafe and the neighbours are really noisy, i just want to leave!
my lease doesnt end till june and i was told that if i wanted to leave i would have to pay for re-advertising the flat and pay rent until someone else moved in. which obviously i cannot afford! :(

ive contacted shelter for advice so waithing on them to get back to me. just wondering if anyone has gone through the same thing?

thank you

kirsty

[Leanne]

My lease stated that I had to give a month's notice if I wanted to leave early. Same with the landlord - the lease wasn't really worth the paper it was written on :roll: What does your lease/contract state?

[stroma88]

its a short assured tenancy. it doesnt say anything on the lease about giving notice.
according to shelters website this means the landlord could ask for rent until june.

[Kodiak]

The best thing to do is to take your lease along to CAB and seek their advice. They will be able to tell you if what you have been told is correct or not.

To me though if it is not stated in the lease and you did not agree to it by signing, then they cant charge you, but that is only my thought and not necessarily correct.

[Murdina Bug]

Stroma88, I don't think you've got that right. You would only be liable to pay rent to the end of the tenancy if you leave without giving notice or to the end of the notice period if you leave during that. I have copied the para below from Shelter but you should check your tenancy agreement to see exactly what it says. You won't have to pay for advertising etc unless you have signed something to agree to that so check what you signed! If your tenancy doesn't state anything about notice periods then go with the advice below and don't let anyone bully you into paying extra costs. Good luck.

"Before you can leave, you must give your landlord written notice.
If you want to leave before your tenancy has run out or you are in a period when it has renewed itself, you will need to check if you can arrange to leave before the end of the tenancy. It should state on your tenancy agreement whether you can do this and if so, how much notice you have to give.
Even if this is not mentioned on the tenancy agreement, you may be able to come to an arrangement with your landlord.
If you cannot reach an arrangement with your landlord, you will have to give notice stating that you wish to leave when the tenancy runs out.
The minimum notice you have to give is:

40 days if your tenancy is for six months or longer
28 days if your tenancy is continuing on a month to month basis after the original period has expired.
The minimum notice is based on how long it says the property was let for on your tenancy agreement. It is not based on how long you have lived in the property.
If you leave the property without giving notice or before your notice has run out, you will still be responsible for the property and for any rent that you are due to pay. If your landlord has to take any legal action, you could also be responsible for any costs that they have to pay."

[stroma88]

i must have miss-read something there.
maybe the letting agencies are telling me have to pay so i wont leave!
i think i will take it to CAB. the sooner i leave the better!

thanks!

kirsty

[EDDIE]

im just looking for some advice!

does anyone have any experience in ending a tenancy early?
right now im living in Edinburgh at the bottom of leith (portland street) and i hate it! i feel unsafe and the neighbours are really noisy, i just want to leave!
my lease doesnt end till june and i was told that if i wanted to leave i would have to pay for re-advertising the flat and pay rent until someone else moved in. which obviously i cannot afford! :(

ive contacted shelter for advice so waithing on them to get back to me. just wondering if anyone has gone through the same thing?

thank you

kirsty

You could also argue the fact did the lease company no there was noisy neighbours and did they tell because they should have.
If i was you i would cancel your payment to the lease company and do a midnight move and i would accept losing the months deposit.You would probably lose the months deposit at the end of the lease anyway they would find something wrong with the flat and bill u and failing that if you dont want to disappear into the night which i would i would be a complete pest to the leasing company and phone them up every week with faults with the flat there is nothing worse than an intermitting electrical fault
Stroma im quite sure you could get evicted from that flat if u put ure mind 2 it lol

[RecQuery]

This with a big company like Grant Management? or a smaller landlord? also are you a student?

[Tristan]

I may be wrong but I believe the minimum term for a short assured is 6 months. If you have signed for a year you may be able to give your notice at the end of the 6 months but not before that time. The idea is that both sides are protected for a period of time. Did you sign the AT5? If not you may have a legal loop hole because that must be signed before tenancy agreement to make it short assured.

[edayhouse]

Hi

dont quote me but i think by law that if you have signed a AT5 form then this forms part of a short assured tenancy, this would be for 6 months then on a month to month basis - so you would be eligible to pay for the rent for 6 months then if you wanted to leave after this time or if the landlord wanted you to leave after this time then it would be a months notice from either side. Even if lease states for 1 year this is rubbish i think - leases can only by law be done for 6 months (in Scotland anyway).

You could start trying to advertise your room via free websites etc and you might find that someone wants it then you could move out.
good luck

[roadbowler]

hi stroma. If cab cannot help try the autonomous centre of edinburgh on west montgomery place.

[phil1958]

hi stroma if the landlord let you stay in the home before you signed the tennancy then the piece of paper you signed is not worth tuppence as paper work has to be signed and agreed before you move in ...

[stroma88]

thanks eveyone. think il be here to January before i can move out because i only moved in in July!
sure it will fly by seeing as i got so much work to do and its nearly xmas! will leave soon as i can though.

xxx

[achingale]

Hope you get something sorted out with the letting agancy. Make sure you let them know what is going on, and read your tenancy agreement carefully. Next time, before you sign, read through it and see what it says about ending the tenancy early. Hope you get somewhere much better in January, and it will fly by you know.