Ending a tenancy early - liability?

[menguin]

Hi,

A friend needs to end her tenancy early. The tenancy was for a year, started in May. What are the extent of the liabilities? My understanding is that the maximum would be:

- Costs incurred in re-letting the property (does this include any agency fees that they'd normally charge the LL?)
- Rent up until a new tenant moves in
- Lose deposit (is this automatic? Only if damage? Can it be used towards the other liabilities above?)

Is there anything else I've missed?

Thanks in advance...

[Kiwi79]

Usually a 6mth break clause in these contracts, she would need to initiate it at 4mths typically. Think she would be on the hook for 6mths rent but I'm sure could come to an agreement with the LL to pay for costs to re-advertise and make sure he's not out of pocket.

Has she checked the contract?

[anonymous-user]

Assuming this is England and Wales then the deposit will be treated exactly as if the tenancy ran full term, i.e. she'll get it all back unless there are justified deductions.

All else you say is correct and there should be no other things to worry about.

[menguin]

Thanks guys - yes, it is in England.

I've looked over the contract, no break clause which is weird, but the lettings agency has already agreed to start looking for tenants.

Good to know that the deposit is refundable! Although it will likely go towards the agency fees... I'm confident it will be let very quickly. Great place in a decent area of London.

[anonymous-user]

menguin said:

Thanks guys - yes, it is in England.

I've looked over the contract, no break clause which is weird, but the lettings agency has already agreed to start looking for tenants.

Good to know that the deposit is refundable! Although it will likely go towards the agency fees... I'm confident it will be let very quickly. Great place in a decent area of London.

Sounds like the agent are being professional and just getting on with it. Best of luck!

[SantaBarbara]

menguin said:

Thanks guys - yes, it is in England.

I've looked over the contract, no break clause which is weird, but the lettings agency has already agreed to start looking for tenants.

Good to know that the deposit is refundable! Although it will likely go towards the agency fees... I'm confident it will be let very quickly. Great place in a decent area of London.

Shooters Hill is it?

[So]

menguin said:

Thanks guys - yes, it is in England.

I've looked over the contract, no break clause which is weird, but the lettings agency has already agreed to start looking for tenants.

Good to know that the deposit is refundable! Although it will likely go towards the agency fees... I'm confident it will be let very quickly. Great place in a decent area of London.

It's not weird, it's probably a 12-month AST.

[menguin]

SantaBarbara said:

Shooters Hill is it?

https://www.youtube.com/watch?v=C5IFwHQhC3o

[anonymous-user]

menguin said:

https://www.youtube.com/watch?v=C5IFwHQhC3o

[Wings]

As a landlord myself it is not too unusual for a tenant/s to want to surrender their tenancy early, the same either through a broken relationship, termination of their employment etc. etc.

Where a tenant/s makes such an approach, then I point out that both parties should seek an alternative tenant/s, and as soon as the rental property is re-let, then their tenancy is at an end. The same is whether the tenancy is brought to an end in the first, fourth or fifth month of the tenancy, with the full amount of the tenant’s deposit being refunded, that is unless any rental or other deductions have been agreed.

[menguin]

Wings said:

As a landlord myself it is not too unusual for a tenant/s to want to surrender their tenancy early, the same either through a broken relationship, termination of their employment etc. etc.

Where a tenant/s makes such an approach, then I point out that both parties should seek an alternative tenant/s, and as soon as the rental property is re-let, then their tenancy is at an end. The same is whether the tenancy is brought to an end in the first, fourth or fifth month of the tenancy, with the full amount of the tenant’s deposit being refunded, that is unless any rental or other deductions have been agreed.

I'm hoping that is the way they'll go, apparently the agent was relatively aggressive on the phone to her but the email I've seen seems quite reasonable in tone. Is the deposit refund a legal requirement?

Should she try to get them to sign anything confirming the new date of the end of the contract or is an email sufficient?

[spookly]

menguin said:

Wings said:

As a landlord myself it is not too unusual for a tenant/s to want to surrender their tenancy early, the same either through a broken relationship, termination of their employment etc. etc.

Where a tenant/s makes such an approach, then I point out that both parties should seek an alternative tenant/s, and as soon as the rental property is re-let, then their tenancy is at an end. The same is whether the tenancy is brought to an end in the first, fourth or fifth month of the tenancy, with the full amount of the tenant’s deposit being refunded, that is unless any rental or other deductions have been agreed.

I'm hoping that is the way they'll go, apparently the agent was relatively aggressive on the phone to her but the email I've seen seems quite reasonable in tone. Is the deposit refund a legal requirement?

Should she try to get them to sign anything confirming the new date of the end of the contract or is an email sufficient?

They can only deduct from the deposit for what is stipulated in the contract. That would most likely be limited to unpaid monies and any agreed damage. So as long as she has paid what she needs to, and there is no damage, then the deposit should be returned in full.

Email should be sufficient. But she'll likely be liable until a new tenancy starts, and they probably won't give a date for the end of her tenancy until a new tenancy agreement is actually signed..... at least that is how they'll do it if they are being sensible, pragmatic, and protecting the landlords interests.