How to escape a horrible contract and horribel landlord...?

Question

Right,
Firstly, i am well aware of how difficult it is to get out of a fixed term contract. My landlord is an idiot.
Myself and my wife have a bought a house and it is due for completion in september.
We are in month 2 of a 12 month lease.
Having looked into it, the contract is in breach of a few of the unfair tenancy contract points laid out on the OFT's site at http://www.oft.gov.uk/shared_oft/consumer_leaflets/general/oft381.pdf

So basically, if its deemed unfair, can we whelch on the contract??

And does anyone know what we would be liable for if we breached a few of the billion points in the contract to break the contract??

Oh, and i want practicle advise not personal opinions or rude ness please!!

Cheers,

Ian

okay,
to the person who is talking bout raising prices and renting else where.....ya what now?? i didnt mention that....and i have bought somewhere....

the contract stipulates a few unfair terms, and basically gives the landlord absolute power without any mediation to do whatever he wants (i.e. if he says the windows aren't clean, there not clean....etc).

any advise on who to speak to? other than a solicitor??

cheers

wisernow,

by no timewasters, i was referring to people who would simply stick up for the landlord.

yes its unfair to the landlord, but im not asking people to tell me this. i want to know where i stand.

as for the rest of your comment....i do believe you are smoking some sort of drug in your old age. who am i denying a home? and how does it affect the couple after us? as far as i can see, another couple can now rent this place (a new build estate with a lovely atmosphere).
your answer really makes no sense. we are a young couple, and we are first time buyers. the only reason we want out, is the housing company has offered us a deal which is too good to turn down to move now and not when our contract is up.....

i appreciate your opinion, but this is a QUESTION and ANSWER service not a QUESTION, random guys OPINION, few decent answers from decent people (thanks everyone else)

Answer 1

As you say, its very difficult to get out of a fixed-term contract. You don't mention the points you consider to be in breach. Can I assume that the contract has no get-out clause?

Generally when a fixed term tenancy is ended early, and no agreement has been made with the Landlord to do so, the tenants are contractually obliged to pay the rent up to the end of the fixed term period, unless the Landlord lets the property in the interim,( he cannot charge for two sets of rent. ) He is also able to take further action through the courts if the outstanding rent is not paid.

Firstly, I would seek advice from your local Citizens Advice, or a solicitor who deals with tenants rights (most solicitors offer a fixed fee half hour appointment), and find out if this contract is in breach. If it's deemed unfair, then it is not a binding agreement, and the Landlord cannot pursue you for breach of contract. However, if the points are considered fair then I'm afraid that unless you can come to some arrangement with the Landlord (such as finding someone considered suitable by the landlord to take over the agreement), or some form of compensation to him, then you are tied to the contract terms.

O, forgot to add, did you rent the property from the Landlord direct, or did you go through an agency, you might want to take up the terms of the contract with them if you did.

Answer 2

I think Gizmo has covered the situation very clearly.

Unfair conditions in a contract can be unenforceable. But unless they are essential to the performance of the contract then they do not make the whole contract unenforceable.

To take your example of dirty windows. Say the landlord asks you to clean them and you hire a cleaner to do this. The next day they will not be in pristine condition as they have collected dust for 24 hours or a passing pigeon scores a bulls-eye. The landlord insists they are cleaned again. After your refusal he pays for another cleaner and charges you the cost. He would not be successful in collecting this money through the courts notwithstanding the term in the contract.

If all the unfair clauses are of this nature then I think you're stuffed. What does the agreement say about you leaving early? Clauses which charge you the remainder of the rent or the landlord's loss, if smaller, are perfectly fair.

Can you sub-let? If so, find someone else to fulfil the remainder of the lease.

Answer 3

Honey, go see a solicitor with a copy of your contract and let them get you out of it. There's no way without one, you're gonna make a clean break. When you get the windows cleaned, make sure you keep a copy of the paid invoice. Get copies of everything you have done to that place. Take photo's too. Put on TV take photo of text pages before photo's and after photo's. Sound to me like you need the law behind you.

Must add though, you did sign the contract before you took the place, you can't moan now about it... Always read small print - very important.

Answer 4

A reasonably educated person does not sign a contract without reading it first. Your question seems to be in reality ' we rented the place, but we have an opportunity to buy our own' and now you want a way out of your commitments. If you get out of your commitments, fair play to you, but what happens to the next couple who really need a home?. You say in your question? that you do not need unfavourable replies, are you sure you do not mean ' honest replies'. If it does not work out for you, then look in the mirror for the reason why and you will find the truth. I have my own place and its paid for , many years ago. You people do no favours for anyone by welshing on your contract, and leaving the next young couple to face the consequences. If I am wrong , I have no doubt the forum will let me know, but if i am right I feel just as confident those folks who have been denied a home will vote for me.

Answer 5

without knowing the rules and regulations laid down by your land lord or anything about the contract that you signed i find it difficult to advise you
are you sure that you want to get out of the contract early as your house purchase would be completed long before you tenancy contract is up
just give him notice anyway good luck

Answer 6

Hello Ian, it's very difficult to answer this question. You need a solicitor, he or she would need to go through the contract and advise you accordingly. What does your landlord have to say? you can't just welch on any written agreement, you have to communicate. Good luck.

Answer 7

So because your new house is nearly ready you now want out of a legal and binding contract.You signed the contract and was your responsibility to ensure eevrything was ok.It is more likely you was desperate for a place to live and you signed a contract thinking at any time you could tear it up.He will sue you and rightly so.

Answer 8

Well, landlords can be cruel by raising prices. If you don't want to pay sky high prices, you might as well move out and rent with a different person, or buy your own place. When you buy your own place, you can do whatever, without asking anyone.

Answer 9

It relies upon on the workplace work and which way the owner rolls. If 2 or 4 ply their skills the priority could be solved, and any money owed could be wiped out. it truly is the base line.

Answer 10

citizens advice centre will give un-biased help but have you tried talking to the landlord i presume you paid a deposit as long as you've paid up to date not a lot he can do apart from keep your deposit you should give a months notice in writing thats all he would do if he was selling