Ending a tenancy agreement early

[craig r]

Hi All,

Right, here's the story...

I signed up for a 12 month tenancy agreement at the end of April 2010, now however I need to move out as work has taken me to a different part of the country. The letting agent has told me that I can not move out of my current place until the end of April, I would like to leave at the end of January. They did say that *if* the landlord was happy to do so I could be released from my contract early by paying the agents fees to relist the house and they could find a suitable occupant. I can see why this is fair, but over £600+VAT seems to be a bit expensive.

And just to make things a bit worse I have already paid a holding deposit on the place I want to move into...I know I should have done things the other way around! Anyway, I will be getting in contact with the CAB / Shelter when I finish work, but I was hoping someone on here might know something that will ease my mind / confirm my fears sooner.

~ Craig

[anonymous-user]

Unfortunately the LL/LA have no obligation to let you go early.

I they do then you are required to pay all "reasonable" costs towards finding a new tenant and to pay rent until said tenant is in place.

Can't remember if £600 is reasonable or not for marketing, referencing etc.

[craig r]

That's what I was afraid of.

Cheers.

~ Craig

[Soovy]

craig r said:

I signed up for a 12 month tenancy agreement............

There we go then.

They're being very generous even giving you the option.

[E Ponym]

If you have signed up for a 12 month tenancy then the landlord has a reasonable expectation that he would receive the rent for that period from you or someone else. Put yourself in the Landlord's position.

Look at the situation from a different perspective.

If it is a company that is relocating you then you should try to get their support with this bill or finding a new tenant. It is a forseeable effect of getting an employee to move.

If you are moving to a new company then contact them to see if they can help, at the very least they could arrange it so that you get this expense allowed against your income tax.

Russ

[jammy_basturd]

I was in exactly the same situation, though had to give up the tenancy due to other reasons.

The landlord/agency said exactly the same thing, we had to pay agency fees + inventory fees + admin fees, and then could only move out once the agency had found replacement tenants (which luckily happened very quickly).

We paid and left. All in all it is pretty fair since you're the party breaking the contract. In future always remember to ask for a 6 month break clause.

[craig r]

I am aware I am in the wrong, and I can see it from the LL's point of view. I'm just going to have to put it down to experience and get on with it.

~ Craig

[jammy_basturd]

At the end of the day I was just thankful that they weren't making me buy myself out of my contract (which had 10 months left), and was the alternative they gave me.

[Du1point8]

I do like these threads....

'I broke my contract, but I still want my cake and to eat it and the LL is being unreasonable asking for the rest of the contract and for me to get a new tennant....'

There is no way out, unless you talk with the LL/Agents, other than that you are stuck to your contract... Stop paying and you will be up st creek from a legal standpoint.

This goes the same if the LL has broken the contract, so dont think its all pro LL or pro Tennent.

[jammiedodger26]

IME, quite a few 12 month tenancy agreements have a 6 month break clause...have you checked yours?

[craig r]

Du1point8 said:

I do like these threads....

'I broke my contract, but I still want my cake and to eat it and the LL is being unreasonable asking for the rest of the contract and for me to get a new tennant....'

There is no way out, unless you talk with the LL/Agents, other than that you are stuck to your contract... Stop paying and you will be up st creek from a legal standpoint.

This goes the same if the LL has broken the contract, so dont think its all pro LL or pro Tennent.

I don't think he's being unreasonable, as I said before I completely understand the LL's view point, I also understand the concept of a contract and I am aware I am breaking that contract, it is not about me 'having my cake and eating it' I was merely asking if there could be a way of easily ending the contract a few months early. Also as posted before, there is a way out, I'm just going to have to pay for it, and it was this cost that I was surprised with.

Obviously I will speak to my landlord about it and see if we can meet somewhere in the middle, but I won't be holding my breath.

~ Craig

[craig r]

jammiedodger26 said:

IME, quite a few 12 month tenancy agreements have a 6 month break clause...have you checked yours?

Not yet, but I will once I get home.

~ Craig

[Nidjit]

craig r said:

jammiedodger26 said:

IME, quite a few 12 month tenancy agreements have a 6 month break clause...have you checked yours?

Not yet, but I will once I get home.

~ Craig

This is what mine has. It's a bit late now if you've already signed the tenancy agreement in the new place, I'd be surprised if they didn't give you the option. My LA asks me each time I renew. There's the usual renewal fee plus about £25 extra if I include the 6-month break clause. Job done.

[fatboy b]

When we had our flat rented out, the tenancy agreement dictated that either party had to give at least 2-months notice to end the agreement inside the agreed time (6 or 12 months). After that period has expired, either party had to give at least 1-month.

[Wings]

jammiedodger26 said:

IME, quite a few 12 month tenancy agreements have a 6 month break clause...have you checked yours?

+1 agree, the Op should seek to work with LA in finding a new tenant, for in the event of any legal action, courts will look favourably on the party in the dispute who has acted with reasonableness.

[aruck]

£600 sounds a bit excessive. I am have a propery I let and I get charged just over £200 each time I need to arrange for re-advertising.

[red997]

as a member of the NLA, I'm here to tell you that you are in control despite what you may think !
I'm a landlord over several properties, and believe me, if a tennant wants to get out, as a landlord there is bugger all I can do about it.
check your contract re the fees the LA are 'suggesting' if it's not in there, then they cant charge you.
if it is in there, they still may not be able to charge you, as an overall default contract applies in these circumstances.
As a LL, I could chase tennnants through the courts, but tbh its not worth it; they can make my life hell.
as a LL, you just have to shrug your shoulders, try and end on good terms and get on with re-letting.

The whole rental market from a private LL perspective is fked up; all the rights sit with the tennant
David

[craig r]

Wings said:

the Op should seek to work with LA in finding a new tenant, for in the event of any legal action, courts will look favourably on the party in the dispute who has acted with reasonableness.

I'm hoping it won't get to that stage, but I will of course do all I can to help find a new tenant.

aruck said:

£600 sounds a bit excessive. I am have a propery I let and I get charged just over £200 each time I need to arrange for re-advertising.

Apparently it's my monthly rent x % of my rent + VAT, but I thought it was a bit steep.

~ Craig

[anonymous-user]

craig r said:

Apparently it's my monthly rent x % of my rent + VAT, but I thought it was a bit steep.

Sounds like BS to me (the LA's, not yours)

Costs need to be reasonable, not extortionate.

[craig r]

garyhun said:

craig r said:

Apparently it's my monthly rent x % of my rent + VAT, but I thought it was a bit steep.

Sounds like BS to me (the LA's, not yours)

Costs need to be reasonable, not extortionate.

I just read that back and it's not what I meant, it's actually % of my rent + VAT. I still think it's on the expensive side.

~ Craig