Tennancy agreements, is it possible to....

[ProPlus]

Get out of them.

I need to give notice on my flat, but have a 12 month contract on it. I am not trying to simply leave them high and dry, but after 5 weeks my circumstances have changed and I need to leave asap.

The letting agents have turned round (after I told them about the mitigating circumstances) and told me that I need to do the reference check, market the flat and do a credit check on any prospective tennants that I can find for the flat, they then have to pay the agent £320 for the privilege of them filing the paper away. I have had a talk with the landlord and he is understnading and is going to help me in any way possible to leave and is going to talk with the agents today as hes quite concerned about the way they are dealing with me.

I have also talked with someone who lets their own properties out and he tells me its against the law for the agents to impose the tough, deal with it attitude and I should be able to by law just give a months notice and leave.

Now while I want to leave, I don't want to stiff the landlord and would like to leave knowing that he has new tennants ready to take over.

My question is who is right the agents or the other person? Are the agents trying to pull a fast one, etc.

Jeez I have had a bad month and a bit down here in London.... not good.

Any takers?

Si

[nwtony]

I'm no expert but I'd imagine that they are entitled to charge you for the whole 12 months if that was the minimum term you both signed up for. Check your contract and see if the get out clauses are written in. Failing that upsticks and bugger off and leave your bond and hope that the landlord and agents don't think it's worth chasing you for it.... pity to do this if the landlord is a good bloke.

[Piglet]

I doubt they can impose a requirement for you to re-market the flat unless this is included in the tenancy agreement and I can't imagine the landlord would want you to.

The legal reality is that you've signed up the the agreement and you are therefore bound by it subject to any break clause that may be contained in it.

The practical situation is that the landlord won't want to have to sue you for any outstanding rent - if you stop paying today, and contested any posession proceedings he took against you he'd be lucking to get you out of the property inside the next three months. He'll then, if he's lucky get an order that requires you to pay the arrears to him on a monthly basis including fixed costs which are not much at all.

If the landlord has been in this business for a while he'll know that these things happen and would much rather negotiate a date for you to leave and re-market the flat. That's why he's being sensible about it and the agents are being nobs!!

You're likely to lose a chunk of your deposit if the landlord incurs additional costs and I don't think that this is unreasonable.

Just continue to deal with the landlord direct and let him sort the agent out. Be very clear and say you're very sorry but you will have to vacate on x date and you'll do what you can to help him market the property in the meantime (make it look nice for prospective tenants etc.)

[maxf]

Can you approach the landlord directly and state your case - offer to leave you deposit to help pay for the new letting. Edit: I see you have. From the way the agents are being I assume they are a company similar in name to -stones?

I dont think a 12 month contract in enforcable - statutary assured shorthold tenancy is 6 months IIRC, statute overrides contracts I think. Been a while since I looked at this kind of thing though.






>> Edited by maxf on Thursday 9th February 10:15

[ProPlus]

Piglet said:

Just continue to deal with the landlord direct and let him sort the agent out. Be very clear and say you're very sorry but you will have to vacate on x date and you'll do what you can to help him market the property in the meantime (make it look nice for prospective tenants etc.)

I have already started doing that and hes very sympathetic and upset at my situation but understands that I need to move out, hes quite gutted as he was looking forward to having 'normal tennants' if the last one was anything to go by. As for the flat it will sell itself as its a good location, cheap and bigger than average for what it is.

[superlightr]

without any break clauses you are fixed for 12 months - its a fixed term contract. which is what you contracted to do.

Your circumstances have changed and if you break the contract the owner/agent have a duty to try and mitigate the loss ie by reletting. You are still liable for the full rent and obligations until new people move in.

Your tenancy contract and anything else you signed with the agents will also allow the owner/agents to cover their costs in finding new tenants as you are breaking the contract. But It should be for the agents to find new tenants not you.

If you dont pay/dissapare you will get a small claims summons for the arrears (last known address)- its easy and quick to do, it will get passed back to the referencing companies as well. You stay and dont pay you will get a possession order for non payment of rent/persistant non payment, sure it will take a bit of time but you wont escape it.

Your best bet is to assist the agents/LL to re-let it asap, look for tenants yourselfe to help. The quicker you can get released the more money you will save. You will have to pay some form of fee to cover the cost you are putting the agent/landlord to in re-letting.

Keep us posted

[superlightr]

maxf said:

I dont think a 12 month contract in enforcable - statutary assures shorthold tenancy is 6 months IIRC, stature overrides contracts I think. Been a while since I looked at this kind of thing though. >> Edited by maxf on Thursday 9th February 10:03 >> Edited by maxf on Thursday 9th February 10:04

100% enforeceable otherwise there would be no point in doing a fixed 12mth or 18 mth or 6 mth or 24 mth contract. Its a fixed term - which does what it says on the tin. break clauses excepted.

(max 3 years though which doesnt apply in th OP question)

[ProPlus]

superlightr said:

Your best bet is to assist the agents/LL to re-let it asap, look for tenants yourselfe to help. The quicker you can get released the more money you will save. You will have to pay some form of fee to cover the cost you are putting the agent/landlord to in re-letting. Keep us posted

From what I understand there is no loss in deposit as the agents are doing nothing and require a signing over fee of £320 off the new tennants and that is it. It states that the deposit will stay intact.

Although what does:

'Please note that the original deposit will remain intact. Any refunds or payments must be settled between the outgoing tennant and the incoming tennat directly'

actually mean?

Does that mean I need to get the deposit off the new tennants and then its sorted??

[gazzab]

I used to rent houses and I would tell them I am leaving in a month, I wont pay this months rent, use my deposit. See ya.
Might not be legal etc but it worked for me.

[maxf]

superlightr said:

maxf said: I dont think a 12 month contract in enforcable - statutary assured shorthold tenancy is 6 months IIRC, statute overrides contracts I think. Been a while since I looked at this kind of thing though. >> Edited by maxf on Thursday 9th February 10:03 >> Edited by maxf on Thursday 9th February 10:04 100% enforeceable otherwise there would be no point in doing a fixed 12mth or 18 mth or 6 mth or 24 mth contract. Its a fixed term - which does what it says on the tin. break clauses excepted. (max 3 years though which doesnt apply in th OP question)

I said it had been a while!

[touchingcloth]

I wonder if the landlord would allow you to do a straight sublet it. As far as the agent is concerned you are the tenant and any problems they still have to come to you, you put tenants in on a 10 month lease and they are your tenants and only deal with you. You need permission for this from the landlord though, do not try to do it on the quiet.

It would ultimately leave you more exposed as far as them doing a runner without paying and/or trashing the place, but if you got good ones it might work. Bit of a gamble.

[rich1231]

gazzab said:

I used to rent houses and I would tell them I am leaving in a month, I wont pay this months rent, use my deposit. See ya. Might not be legal etc but it worked for me.

Right you are on my tenants blacklist

[ZR1cliff]

Do you have an agreement in your contract that protects both you and your landlord if either of you feel the need to shorten the stay.
Should look something like this,
I have a 12 month contract and as you can see i am OK to give two months written notice.

If you work for a biggish Company then you could possibly find another person to take over the tenancy,(with the landlords blessing),without could only complicate things further or just simply sit out the notice period.
I personally would do the latter but then ime into references to make life easier further down the line.

[iaint]

ZR1cliff said:

Do you have an agreement in your contract that protects both you and your landlord if either of you feel the need to shorten the stay. Should look something like this, I have a 12 month contract and as you can see i am OK to give two months written notice.

It's my understanding from renting that these provisions are part of the standard short-hold tennancy agreement that all such agrrements must be beased on (Act of Parliament thing to protect tennants). If your agreement bears no relationship to the standard agreement then it probably isn't worth the paper it's written on.

Contact CAB!

[Piglet]

iaint said:

ZR1cliff said: Do you have an agreement in your contract that protects both you and your landlord if either of you feel the need to shorten the stay. Should look something like this, I have a 12 month contract and as you can see i am OK to give two months written notice. It's my understanding from renting that these provisions are part of the standard short-hold tennancy agreement that all such agrrements must be beased on (Act of Parliament thing to protect tennants). If your agreement bears no relationship to the standard agreement then it probably isn't worth the paper it's written on. Contact CAB!

Nope - you can contract in anyway you feel fit - if you strike a bad bargain then tough!!! Although this is subject to unfair contract terms act provisions but TBH I wouldn't spend too much time worrying about it if your landlord is being helpfull.

I would VERY strongly advise against getting involved in subletting - you will almost certainly be required to sign a guarantee agreement and you don't want to guarantee the acts or defaults of the new tenant.

Be nice to your landlord, remember he doesn't want any hassle either and will just want this sorted.

[Plotloss]

Cutting and running leaving the deposit is a moral decision.

If you get a landlord who wants to be arsey, you can and probably will be nailed to the wall for the contractual obligation in court.

However, the landlord has to attempt to mitigate his potential loss. If you leave and he subsequently doesnt market the property, thats his look out.

[combover]

If you have the consent of the Landlord to sub-let, go for it. Just ensure that you appoint a surveyor to fully arrange everything, you could be caught short otherwise.

Combover