Any landlords or letting agents in?
Discussion
Apologies if this is in the wrong section, but I am seeking advice from any landlords or letting agents
I have recently given notice on a property I am renting. I signed a 12 month contract on said property last December on the 20th, so it should expire this december, however, I rang the letting agency to discuss giving notice before the 12 months is up. They said that I can do this and it's fine, and I need to give 30 days from the date in the month that I moved in.
They also said that I have to give notice before they'll provide a reference for me, so I did, hoping the reference would be sorted almost there and then so I could get the ball rolling with my new property.
This was ok'd, I gave my notice, and I had in writing from them that my moving out date is to be the 19th of October, great. They ask for £30 to provide a reference for me, which I pay. This has all been painful and dragged out over a couple of weeks because they are slow to respond if at all and I'm constantly chasing.
I then get a phone call from the letting agency saying I should be aware I signed a 12 month fixed tenancy and that I either have to stay until the end or pay the remaining rent to be released from the contract. Or offer the landlord a figure to release me early - they argued £500 should do it and the landlord will accept that. They tried to make out like this was a good deal because the landlord could ask for the full remaining rent for the rest of the term which would be two months worth, but they'd already agreed I could vacate on the 19th oct with no charge!! Apparently it's my fault because I signed the tenancy and should know, but I initially asked them if it was okay or not seeing as they're supposed to be The experts and acted on their advice.
Still no reference despite me asking over and over because I'm on the verge of losing the house as the references have taken so long. My financial references are all fine but just waiting on the one from the current letting agency.
Now, considering I have it in writing that I've given notice and my move out date is 19th October (with no mention of any fees or financial obligations!) am I actually liable to pay anything? Surely it's an error on their part and they should just let me go, but they don't see it that way and seem to want to grab whatever they can even though I could potentially be homeless because of them if they don't sort the reference out....
It's looking like I'm just going to have to give them the money because they're using it as leverage for the reference and they know I need it, but it just stinks to me and the rude little cow at the lettings agency won't accept any responsibility for the bad advice they gave me when they said I was fine to hand in notice and leave before the 12 month tenancy ends. They've already advertised my house to let.
Any advice appreciated as I don't know the legal side of it, I just feel like they're basically taking the piss and want to know where I stand. I would go to the CAB or similar but work commitments and the need for a reference quickly means I'm against the clock, maybe someone here can help?
Thanks in advance
I have recently given notice on a property I am renting. I signed a 12 month contract on said property last December on the 20th, so it should expire this december, however, I rang the letting agency to discuss giving notice before the 12 months is up. They said that I can do this and it's fine, and I need to give 30 days from the date in the month that I moved in.
They also said that I have to give notice before they'll provide a reference for me, so I did, hoping the reference would be sorted almost there and then so I could get the ball rolling with my new property.
This was ok'd, I gave my notice, and I had in writing from them that my moving out date is to be the 19th of October, great. They ask for £30 to provide a reference for me, which I pay. This has all been painful and dragged out over a couple of weeks because they are slow to respond if at all and I'm constantly chasing.
I then get a phone call from the letting agency saying I should be aware I signed a 12 month fixed tenancy and that I either have to stay until the end or pay the remaining rent to be released from the contract. Or offer the landlord a figure to release me early - they argued £500 should do it and the landlord will accept that. They tried to make out like this was a good deal because the landlord could ask for the full remaining rent for the rest of the term which would be two months worth, but they'd already agreed I could vacate on the 19th oct with no charge!! Apparently it's my fault because I signed the tenancy and should know, but I initially asked them if it was okay or not seeing as they're supposed to be The experts and acted on their advice.
Still no reference despite me asking over and over because I'm on the verge of losing the house as the references have taken so long. My financial references are all fine but just waiting on the one from the current letting agency.
Now, considering I have it in writing that I've given notice and my move out date is 19th October (with no mention of any fees or financial obligations!) am I actually liable to pay anything? Surely it's an error on their part and they should just let me go, but they don't see it that way and seem to want to grab whatever they can even though I could potentially be homeless because of them if they don't sort the reference out....
It's looking like I'm just going to have to give them the money because they're using it as leverage for the reference and they know I need it, but it just stinks to me and the rude little cow at the lettings agency won't accept any responsibility for the bad advice they gave me when they said I was fine to hand in notice and leave before the 12 month tenancy ends. They've already advertised my house to let.
Any advice appreciated as I don't know the legal side of it, I just feel like they're basically taking the piss and want to know where I stand. I would go to the CAB or similar but work commitments and the need for a reference quickly means I'm against the clock, maybe someone here can help?
Thanks in advance
Edited by CX53 on Thursday 21st September 21:35
Is the agreement for a minimum term though? Landlord may have a case? As he may have pitched his rental rates based on this term. Also he has to prep again and incur some costs to find a new tenant that he wasn't planning to do yet. Letting agents must adhere though to a code of conduct though so worth checking that they have followed it.
If you are letting again ask the new agent for advice.
If you are letting again ask the new agent for advice.
The agreement is a fixed term 12 month tenancy. I understand that.. but I specifically asked them if I was able to give notice before the tenancy is due to finish and leave earlier, they said this was no problem.
From the landlords point of view I totally understand, I'd want some compensation for the week or two the house will be left empty.
The only reason I don't want to pay this fee is because I was encouraged to give my notice by the letting agency in order to obtain my reference for the new property. Then they sprung this settlement fee on me after already agreeing I could give notice and leave with no issue. If they'd told me everything from the start I would never have given my notice and gone for another house, I would have waited until the tenancy was up to avoid all of this.
Letting agency of the new property advise that it doesn't sound right and they're trying their luck. My Mrs aunty is a letting agent and also thinks they're having a laugh. But obviously this isn't official legal advice....
From the landlords point of view I totally understand, I'd want some compensation for the week or two the house will be left empty.
The only reason I don't want to pay this fee is because I was encouraged to give my notice by the letting agency in order to obtain my reference for the new property. Then they sprung this settlement fee on me after already agreeing I could give notice and leave with no issue. If they'd told me everything from the start I would never have given my notice and gone for another house, I would have waited until the tenancy was up to avoid all of this.
Letting agency of the new property advise that it doesn't sound right and they're trying their luck. My Mrs aunty is a letting agent and also thinks they're having a laugh. But obviously this isn't official legal advice....
Sounds like you have a 12 month AST. This means you are indeed liable for the remaining rent, either until the landlord finds a new tenant or, the 12 months expires. If the landlord is able to find a new tenant you are liable until the date of the new tenancy starts, and also for the landlords reasonable costs to find the new tenant, the total cost should be capped at the 12 months rental value.
Massive cockup by the agent, not realising you are in a fixed term contract, basic stuff.
Double check your agreement to see if there is a surrender clause, normally in special conditions. If there is no clause, tell them that have made a cockup as you've a letter confirming your vacate date without any financial penalty and see what they say.
Are they part of a regulatory body ARLA? They must be registered with The Property Ombudsman by law so this may be a route to get advice/leverage.
Notwithstanding the above as a 12month AST was signed you are ultimately liable for the 12 months rent, or a negotiated surrender fee.
Any good agent should be able to re-let the property by the 19th October, as long as its priced accordingly.
Double check your agreement to see if there is a surrender clause, normally in special conditions. If there is no clause, tell them that have made a cockup as you've a letter confirming your vacate date without any financial penalty and see what they say.
Are they part of a regulatory body ARLA? They must be registered with The Property Ombudsman by law so this may be a route to get advice/leverage.
Notwithstanding the above as a 12month AST was signed you are ultimately liable for the 12 months rent, or a negotiated surrender fee.
Any good agent should be able to re-let the property by the 19th October, as long as its priced accordingly.
Edited by nethers66 on Thursday 21st September 22:23
Ultimately you agreed to pay for the 12 months, however everything is negotiable. Are you able to communicate directly with the landlord?
If people want to get out of our agreements early, I take the view that I don’t care who it’s rented to as long as the money is rolling in. I am happy to work with tenants to ensure I have no voids within the fixed term if this is the case. Generally I won’t hit them too hard for the agents fees to relent (if an agent is used - property dependent).
I believe the legal position is that I could force the issue but as far as I’m concerned it’s not morally correct.
The letting people have dropped a b
k, but I’d try to speak to the landlord directly - get the guff out the way!
If people want to get out of our agreements early, I take the view that I don’t care who it’s rented to as long as the money is rolling in. I am happy to work with tenants to ensure I have no voids within the fixed term if this is the case. Generally I won’t hit them too hard for the agents fees to relent (if an agent is used - property dependent).
I believe the legal position is that I could force the issue but as far as I’m concerned it’s not morally correct.
The letting people have dropped a b
k, but I’d try to speak to the landlord directly - get the guff out the way!It does sound like a cock up from the agent here more than anything else.
However, you need to be clear with the terminology you're using too. You can effectively 'serve notice' at any time, however you're serving notice to move out at the end of the term of the agreement. Just because you've served notice now, doesn't mean it's effective from now.
That being said, they have told you in writing you can move out without penalty on 19th October - but contrary to that you have a contract that says you'll stay in the property and pay until at least December. So a bit of a stalemate there I would suggest.
I'd suggest that you try and have a direct dialogue with the landlord, explain what happened, explain the agent's cock up and see what the landlord is willing to do. Depending on how much you pay for rent, £500 to come out 2 months early could well be value for money.
However, you need to be clear with the terminology you're using too. You can effectively 'serve notice' at any time, however you're serving notice to move out at the end of the term of the agreement. Just because you've served notice now, doesn't mean it's effective from now.
That being said, they have told you in writing you can move out without penalty on 19th October - but contrary to that you have a contract that says you'll stay in the property and pay until at least December. So a bit of a stalemate there I would suggest.
I'd suggest that you try and have a direct dialogue with the landlord, explain what happened, explain the agent's cock up and see what the landlord is willing to do. Depending on how much you pay for rent, £500 to come out 2 months early could well be value for money.
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