Get out of fixed tenancy agreement

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pineapplemango
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#1
Report Thread starter 6 months ago
#1
Has anyone here been able to get out of a fixed tenancy agreement? I am a postgraduate student currently renting with one of the private student housing companies (iQ student), but I really want to move. My studio is nice and all, but I have not been able to sleep a full night since I moved in due to extremely loud neighbours, parties that go on all night, people randomly knocking on doors and running away (its like living with ten year olds), and a bunch of other things. I wouldnt care if it was during the weekends, but it is every night of the week and my migraines have gotten so bad as a result of no sleep that it is severely affecting my studies and overall well-being. The people working there does not really do anything about it. Does anyone know what the general policies on this are? Is it normally possible to move if I can find someone to take over my tenancy for the remainder of it, or is it enough to just explain the situation?

As the end of the semester is approaching I think this is the ideal time to find somewhere new as I know a lot of exchange students are coming in who would potentially be willing to take over the lease, and it seems like a good time to find somewhere on the private housing market contrary to August/September (which is the reason I ended up renting through a student housing company instead).

Any advice is greatly appreciated!!
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PhoenixFortune
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#2
Report 6 months ago
#2
(Original post by pineapplemango)
Has anyone here been able to get out of a fixed tenancy agreement? I am a postgraduate student currently renting with one of the private student housing companies (iQ student), but I really want to move. My studio is nice and all, but I have not been able to sleep a full night since I moved in due to extremely loud neighbours, parties that go on all night, people randomly knocking on doors and running away (its like living with ten year olds), and a bunch of other things. I wouldnt care if it was during the weekends, but it is every night of the week and my migraines have gotten so bad as a result of no sleep that it is severely affecting my studies and overall well-being. The people working there does not really do anything about it. Does anyone know what the general policies on this are? Is it normally possible to move if I can find someone to take over my tenancy for the remainder of it, or is it enough to just explain the situation?

As the end of the semester is approaching I think this is the ideal time to find somewhere new as I know a lot of exchange students are coming in who would potentially be willing to take over the lease, and it seems like a good time to find somewhere on the private housing market contrary to August/September (which is the reason I ended up renting through a student housing company instead).

Any advice is greatly appreciated!!
Finding a replacement tenant is usually the only way of getting out of a contract, unless you can prove that your medical needs prevent you living there at all (which would mean terminal illness, physical disability etc.), which probably isn't severe enough in this case to be accepted.
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username5862477
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#3
Report 6 months ago
#3
(Original post by pineapplemango)
Has anyone here been able to get out of a fixed tenancy agreement? I am a postgraduate student currently renting with one of the private student housing companies (iQ student), but I really want to move. My studio is nice and all, but I have not been able to sleep a full night since I moved in due to extremely loud neighbours, parties that go on all night, people randomly knocking on doors and running away (its like living with ten year olds), and a bunch of other things. I wouldnt care if it was during the weekends, but it is every night of the week and my migraines have gotten so bad as a result of no sleep that it is severely affecting my studies and overall well-being. The people working there does not really do anything about it. Does anyone know what the general policies on this are? Is it normally possible to move if I can find someone to take over my tenancy for the remainder of it, or is it enough to just explain the situation?

As the end of the semester is approaching I think this is the ideal time to find somewhere new as I know a lot of exchange students are coming in who would potentially be willing to take over the lease, and it seems like a good time to find somewhere on the private housing market contrary to August/September (which is the reason I ended up renting through a student housing company instead).

Any advice is greatly appreciated!!
I'm looking for someone's tenancy to take over. Where is your accommodation?
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Lori130998
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#4
Report 6 months ago
#4
(Original post by ericamcar)
I'm looking for someone's tenancy to take over. Where is your accommodation?
I'm looking for someone to take over mine, studio in IQ wembley, need to move back home for health reasons.
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GMDB
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#5
Report 6 months ago
#5
I think a tenant swap sounds like a viable option for you.

However, if that doesn't work and you feel the provider have broken your contract by not acting to put things right, that is a legal issue and you should seek legal advice from a solicitor on whether you can consider the contract void. Citizens Advice may also be able to provide free legal advice to assist you.

If you do go down the tenant swap route, there are a few things you need to watch for:


1) Watch for any fees charged by the landlord/estate agent / etc for this tenant swap. Broadly speaking fees of more than £50 are illegal and should not be paid, but there are certain circumstances where they are allowed to charge more than £50. DM me if they want to charge more than £50 and I can advise whether the fee looks OK.

2) Most importantly - you need to take great care with how your security deposit, and the deposit for the incoming tenant, is handled. Otherwise you could find yourself liable for damage that occurs after you move out. The Tenancy Deposit Scheme and ourselves both warn tenants not to let the new tenant pay the deposit to you when you leave. I recommend raising this with the landlord when you do request a tenant swap and ask them to set out what their intended process will be. Happy for you to then run that by me. Also on the day you move out, take lots of photos and email them to yourself - that way you draw a line in the sand between you and any damage your housemates cause after you move out.


This sounds like a horrible situation but you are doing the right thing by finding a way out.

I wish you the best of luck in your search for alternative accommodation.
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MaleMan
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#6
Report 4 months ago
#6
(Original post by GMDB)
I think a tenant swap sounds like a viable option for you.

However, if that doesn't work and you feel the provider have broken your contract by not acting to put things right, that is a legal issue and you should seek legal advice from a solicitor on whether you can consider the contract void. Citizens Advice may also be able to provide free legal advice to assist you.

If you do go down the tenant swap route, there are a few things you need to watch for:


1) Watch for any fees charged by the landlord/estate agent / etc for this tenant swap. Broadly speaking fees of more than £50 are illegal and should not be paid, but there are certain circumstances where they are allowed to charge more than £50. DM me if they want to charge more than £50 and I can advise whether the fee looks OK.

2) Most importantly - you need to take great care with how your security deposit, and the deposit for the incoming tenant, is handled. Otherwise you could find yourself liable for damage that occurs after you move out. The Tenancy Deposit Scheme and ourselves both warn tenants not to let the new tenant pay the deposit to you when you leave. I recommend raising this with the landlord when you do request a tenant swap and ask them to set out what their intended process will be. Happy for you to then run that by me. Also on the day you move out, take lots of photos and email them to yourself - that way you draw a line in the sand between you and any damage your housemates cause after you move out.


This sounds like a horrible situation but you are doing the right thing by finding a way out.

I wish you the best of luck in your search for alternative accommodation.
Can you elaborate on this as I'm in the same position... I'm hoping to hell that they will let me end the tenancy if there's someone else I can find but it's not student accommodation.
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PhoenixFortune
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#7
Report 4 months ago
#7
(Original post by MaleMan)
Can you elaborate on this as I'm in the same position... I'm hoping to hell that they will let me end the tenancy if there's someone else I can find but it's not student accommodation.
If you aren't living in student accommodation (either a student house or hall) you should just be able to give notice to the landlord. What does it say in your tenancy agreement?
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GMDB
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#8
Report 4 months ago
#8
(Original post by MaleMan)
Can you elaborate on this as I'm in the same position... I'm hoping to hell that they will let me end the tenancy if there's someone else I can find but it's not student accommodation.
Hi MaleMan - certainly can. Do you rent privately from a landlord?
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GMDB
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#9
Report 4 months ago
#9
(Original post by PhoenixFortune)
If you aren't living in student accommodation (either a student house or hall) you should just be able to give notice to the landlord. What does it say in your tenancy agreement?
Possibly true, but far from guaranteed - typically renters start with a fixed period in which they are committed to paying rent. I imagine noise issues have become apparent early in the tenancy during the fixed period. Can you confirm MaleMan ?
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MaleMan
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#10
Report 4 months ago
#10
(Original post by GMDB)
Hi MaleMan - certainly can. Do you rent privately from a landlord?
Yes. I haven't told the others yet I want to move out. There's no break clause. I was wondering what happens if I don't pay it. Will they have to pay the rent instead? Or, am I able to just pay the rent but not the bills since I have moved out?
I also didn't understand what you said about the Deposit Scheme if a new tenant replaces me which I'm hoping is an option. I'd be happy to be charged for this rather than stay.
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PhoenixFortune
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#11
Report 4 months ago
#11
(Original post by MaleMan)
Yes. I haven't told the others yet I want to move out. There's no break clause. I was wondering what happens if I don't pay it. Will they have to pay the rent instead? Or, am I able to just pay the rent but not the bills since I have moved out?
I also didn't understand what you said about the Deposit Scheme if a new tenant replaces me which I'm hoping is an option. I'd be happy to be charged for this rather than stay.
So it's still a student property? Did you sign an individual tenancy agreement or a joint tenancy agreement with the other tenants?
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MaleMan
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#12
Report 4 months ago
#12
(Original post by PhoenixFortune)
So it's still a student property? Did you sign an individual tenancy agreement or a joint tenancy agreement with the other tenants?
No it's a letting agents/private landlord. Joint tenancy.
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PhoenixFortune
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#13
Report 4 months ago
#13
(Original post by MaleMan)
No it's a letting agents/private landlord. Joint tenancy.
As you are on a joint tenancy, if you left and stopped paying rent (and bills if that's a cost included in your tenancy agreement), your other housemates would become liable for the costs.
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GMDB
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#14
Report 3 months ago
#14
(Original post by MaleMan)
Yes. I haven't told the others yet I want to move out. There's no break clause. I was wondering what happens if I don't pay it. Will they have to pay the rent instead? Or, am I able to just pay the rent but not the bills since I have moved out?
I also didn't understand what you said about the Deposit Scheme if a new tenant replaces me which I'm hoping is an option. I'd be happy to be charged for this rather than stay.
Hi MaleMan

Deposit scheme

If you find a replacement tenant, you need the landlord's permission in writing (email is good) before they can replace you in the tenancy agreement. The landlord is likely to allow this if you do all the hard work finding the replacement . So get landlord consent first before spending the time finding a replacement.

Once the replacement is in place and has signed their tenancy agreement, the landlord should release your security deposit to you. Some landlords try it on with unreasonable deposit deductions - if that happens get in touch with me and I'll make sure you are OK (I have helped others). Take good photographic evidence of the property's condition just before you leave and don't agree to any deposit deductions without getting a second opinion on their fairness.

Rent payments

If you don't find a replacement and just stop paying rent when you are still locked into the tenancy agreement, then you can be pursued for the money through the county court - which can quickly get expensive for you. The landlord can also go after any of the other joint tenants for the rent you haven't paid. If the timeliness of rent payments are reported to credit reference agencies, then your credit history will suffer by not paying rent when it is due from you. This can have a serious impact on your financial life in the future and could prevent you from getting forms of credit or a mortgage. The landlord can use your security deposit to cover some rent arrears, but at most it will cover 5 weeks rent, and they can still report that you paid late.

Essentially not paying rent is a drastic last option that I would only take after having spoken to a suitably qualified solicitor and obtained legal advice on what your next steps are. Tenancy agreements are contracts, and contract law is very complex!

Bills accuring in the property if you move out whilst still locked into the tenancy agreement

This usually depends on what your contract says. Check with a solicitor if the agreement is not clear.

Possible way to exit the tenancy agreement

I am not a lawyer so can't give legal advice, but the noise issues you are experiencing could amount to a breach of the tenancy agreement allowing you to consider it void. Again that is something you would need to confirm with a suitably qualified solicitor.

Some possible sources of free legal advice are Shelter, Citizens Advice, or any family members with trade union membership or home/contents insurance policies. Failing that, your student union may be able to provide access to free legal advice. Failing that, I would suggest using the Law Society's Find a Solicitor tool to find a suitable solicitor, then call and ask for a free consultation about your situation. Many will offer it in the hope you may use them if future work is needed.

Hope this helps.
Last edited by GMDB; 3 months ago
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