Ending a Fixed Term Lease

conormc1984

Hi all,

Firstly i hope that this is listed in the correct section and sorry if not.
My tenants signed a Fixed term lease last december meaning that they have gone into their second year of renting.

Due to issues (not antisocial but personal) i will looking to move back in but am wondering am i entitled to break theis lease and if not how can i get them out.

Its states on the front of the contract that the residential tenancy act 2004 applies to this agreement.

I was talking with an agent whom said you used to be able to break a fixed term lease if the owner was moving back to the property but this has since chance.

May i add that i have no issues with my tenants and they have been great but a reloacation abraod was cut short so would like to move back into my home.

Would really appreciate any help on the matter.

visual

tall to your tenant most are reasonable if you approach them nicely

djimi

You have absolutely no legal right to break the fixed term lease in this case. The best you can do is talk to the tenant and try and buy your way out the lease (expect to be asked for full deposit plus several months worth of rent if they agree to it), but if they decide they want to see out the lease then that is their right.

the world wonders

djimi wrote: »

You have absolutely no legal right to break the fixed term lease in this case.

This is correct.

Note in particular that the provision of the Residential Tenancies Act allowing the landlord to terminate a tenancy if they want to move back into the property does not apply in this case, because a fixed term lease is in operation.

Milk & Honey

When you say that the tenants are in their second year of renting, do you mean that they signed a 12 month lease which has expired and they are now on a part 4 lease?

djimi

Milk & Honey wrote: »

When you say that the tenants are in their second year of renting, do you mean that they signed a 12 month lease which has expired and they are now on a part 4 lease?

Actually, this needs clarifying. I took it initially from the OP that they signed a fixed term in Dec just past (2012) but if they signed one in Dec 11 that has now expired and they have not signed a further FTL then that changes things.

conormc1984

djimi wrote: »

Actually, this needs clarifying. I took it initially from the OP that they signed a fixed term in Dec just past (2012) but if they signed one in Dec 11 that has now expired and they have not signed a further FTL then that changes things.

I'm afraid they signed a new FTL December 2012. Looks like I will have to try and mutually end it with them. Apart from that it looks as though there isn't much that I can do...

Ray Palmer

djimi wrote: »

You have absolutely no legal right to break the fixed term lease in this case. The best you can do is talk to the tenant and try and buy your way out the lease (expect to be asked for full deposit plus several months worth of rent if they agree to it), but if they decide they want to see out the lease then that is their right.

As stated you have no legal right but you can ask. The suggestion of paying them several months rent is way over the top. Legally a tenant can be charged rent when breaking a lease but it rarely happens. A bit of common sense and asking nicely is the best way.
They can say no and you will have to accept that.

djimi

Ray Palmer wrote: »

As stated you have no legal right but you can ask. The suggestion of paying them several months rent is way over the top. Legally a tenant can be charged rent when breaking a lease but it rarely happens. A bit of common sense and asking nicely is the best way.
They can say no and you will have to accept that.

I didnt say to pay them several months; I said expect to be asked for it. The tenant can ask for anything they want in return for allowing the landlord breaking the lease. While a lot of tenants will probably be reasonable about it, there is nothing to say that they have to be, and in reality they can ask for anything they want. Its up to the landlord to try and negotiate with them what they see to be a fair amount, but the tenant is not obliged to accept any offer they make.

fasttalkerchat

If you cover all their costs including time and approach it politely things could work out okay. If someone wanted me to move so they could rent the house I'm renting I would be asking for 6 months rent.
If the Landlord wanted to move in due to personal circumstances I would want £100 to hire a van, the full deposit, the next 2 months rent free to organise everything and him to help me move furniture for half a day. I would also expect him to cover non-transferable things such as TV contracts if the new house had Sky already, connection charges etc.

whats_happenin

I have a question I am new to renting but my 12 month lease is up next week my landlord has not said anything about signing a new lease. I might have found somewhere else to live do I have to give notice to move out when the lease ends? Also if I stay on do I have to sign a new lease I'm not reg with the prtb.