Clare37

On January 19th 2007 I rented a flat on an assured shorthold tenancy for 6 months. As I was unemployed (I am still unemployed) my brother acted as a guarantor in the event I could not pay the rent. The tenancy is coming to an end on July 19th (and I’ve not had any problems with paying) however, I need to decide on whether to renew the tenancy - the difficulty arises because I am applying for jobs overseas and it’s very likely that I will secure employment in the US by September 1st 2007. My question is: if I renew the tenancy for another 6 months (this seems to be the shortest type of tenancy) will the estate agent pursue my brother for the remaining months rent if I “break the contract” in September.

NB I would be paying for every month that I resided at the property; I am just uncertain with regard to tenants’ rights if one is unable to remain in a tenancy for the full tenancy period.

Thanks in advance for any advice on this issue.

trutje

Are you sure you have to renew for another 6 months?
I am renting from an agency and my contract expired months ago, ever since I'm renewing from month to month, with one month notice either side.
I might be wrong but if you don't sit out the contract you might only loose the deposit.
But to be honest I'm not sure

Clare37

Thanks for this - I was hoping there was a possibility of extending the tenancy on a month to month basis but wasn't sure whether this was too informal for an estate agent - your example shows that it must be possible.

Miss Eck

You could also check if the landlord is willing to include a special clause which allows one month's notice for either party. If he/she has been happy with you so far, they may agree to it. Otherwise, if you sign up for a 6 month contract with no break clause, then yes, they can pursue your brother for the remaining monies. But given they will hold your deposit, they can offset that and may feel it would be too costly to pursue the case.

Jerseygirl

Unless you are a USC...how can you be sure you can get a visa for the US? Even if you can how do you know you will have it by Sept? You may not need to break the contract afterall.

Elvira

Unless she is a USC or gets a position with a university, not a chance....... all this year's H1bs are long gone.

Jerseygirl

I was trying to break it to her gently....

Clare37

I can be sure I will have it by Sept because there is no quota on the H1B visa in relation to University jobs (the jobs I am applying for) and the institution that is sponsoring me may apply for premium processing if necessary.

Clare37

Thanks for this.

JulesM

Hi Clare,

I act as a guarantor for my sister who started with a 6 month tenancy like you. I think your brother will be liable for the money if you renew for a further 6 months. If the paperwork your brother signed is anything like mine then he will have had to provide his bank details so that if you don't pay they can just take the money straight from his bank (this means they can avoid the cost of chasing him for the money).

If you can't get a month by month tenancy maybe you could get somebody to take over the remainder of your 6 months tenancy (with the landlord's approval) so that the landlord wouldn't be out of pocket.

Jerseygirl

In that case I look forward to seeing you in the US forums soon. Good luck with the job.

Serenity

In all the places we've rented here (from agencies not private landlords) they have automatically gone to month to month from the initial six months. Maybe you should ask your estate agent now how it works with them and if they don't do it like this can they make an exception in your case.

dozy_muppet03

Simply don't renew and continue on as month to month and pay on time...should'nt be a problem.

Thydney

I used to rent property out and this was the case for my tennant