Can estate agent hold me liable?

[sidekickdmr]

Hi,

We are renting a flat through an lettings agency in Cardiff, we signed up for a 12 month contract with every intention to stay the full term.

However my job here is looking unstable and I have been offered another job in Milton Keynes paying more and more secure.

We have only been in the flat 5 months and looks like we will have to move out

My question is if we do move outbid will we just loose our deposit or can they hold us accountable for all the remaining 7 months rent?

Thanks

[bigTee]

from what i understand, you will be liable by the landlord for the full term of the rent.

[RSGulp]

What does your contract say?

[Kateg28]

I think you will be liable but most landlords will only do that until they get a new tenant as it is better to have a property occupied. You could help things by trying to get a new tenant yourself (being open about the situation). Then you can say I am leaving and understand my obligations but I think I have a new tenant for you.

You may need to pay for any costs (references etc).

[Republik]

My sister was in a similar situation. They ended up negotiating to pay half the remaining rent, see if you can negotiate a similar deal. After all, they won't miss out on rent, they will simply get another tennant.

[davidjpowell]

Landlord must make efforts to get new tenant - most will deduct the reletting fee also.

Far better to talk to them, and agree something sensible.

[JustinP1]

bigTee said:

from what i understand, you will be liable by the landlord for the full term of the rent.

Plus any costs incurred in readvertising.

Minus any income they get from the new tenant.

Therefore, should you give a month's notice and they get someone in after 2 months, you would end up paying a month's rent plus a small charge.

[007singh]

Does your contract have a break clause in it? I am just about to rent out a property, and will be putting a 12 month contract, with a 6 month break clause. Basically it means you can break out of the contract at that point by giving one months notice. So in the worst case, you pay 7 months rent.

I think, from what I understand, you might be liable for the lot if you just try to bail out.

Best advice is to be open about the situation, and see what mutual arrangements can be made.

[sidekickdmr]

I've already told them the situation so I'm not just bailing out but the last thing I want to have to do is pay another months or two rent here, and loose some/all deposit all while I'm paying a deposit and rent on the new place!

I was just under the impression that the deposit was for situations like this and worst Case senario is we would loose all the deposit!

[sidekickdmr]

I don't recall signing a credit agreement like you would on a loan/mobile phone which states you are liable to pay £xxx a month for xx months!

Also it doesn't cover this senario off in the contract!

[hornetrider]

Republik said:

After all, they won't miss out on rent, they will simply get another tennant.

May be easier said than done - there is massive oversupply in Cardiff. Check the sheer number of flats in Cardiff Bay / CF10 on rightmove.

[hornetrider]

sidekickdmr said:

Also it doesn't cover this senario off in the contract!

You mean the contract you signed for 12 months?

[Vee]

They'll hold you to anything they can.
Chap who works for me got held to the 3 months it took to find someone else. In his case the company covered it as he moved because the business.

Not very moral but in your position I wouldn't pay anymore rent.

[sidekickdmr]

hornetrider said:

sidekickdmr said:

Also it doesn't cover this senario off in the contract!

You mean the contract you signed for 12 months?

Yes that's right but nowhere in the 10 pages of text and clauses does it say anything like "if you leave inside the contracted term you will still be held liable for the rent" or any other words to that effect?

I'm not being unfair to the agency, we have £900 as our deposit and I have said to them they can keep that to cover costs and gap between us and the new tenant!

[rah1888]

If they cannot find another tenant for the next 7 months, will £900 cover the full void period?

[Mark Benson]

sidekickdmr said:

I'm not being unfair to the agency, we have £900 as our deposit and I have said to them they can keep that to cover costs and gap between us and the new tenant!

If you signed a contract for 12 months, the contract was to pay 12 months rent, not "5 and you can keep my deposit".

As a landlord, when a tenant has come to me and explained a similar situation, we've agreed they pay rent until we can get another tenant in - both times it's happened it's taken a couple of months in all - then the deposit is refunded less any damages. The deposit isn't there in lieu of rent, it's to cover any damage you might have caused.
So you are being unfair to the agency/landlord if you expect them to fund your change of circumstances (as I read it, you haven't actually lost your job in Cardiff, you've just seen one you like better elsewhere).

[bigTee]

Mark Benson said:

sidekickdmr said:

I'm not being unfair to the agency, we have £900 as our deposit and I have said to them they can keep that to cover costs and gap between us and the new tenant!

If you signed a contract for 12 months, the contract was to pay 12 months rent, not "5 and you can keep my deposit".

As a landlord, when a tenant has come to me and explained a similar situation, we've agreed they pay rent until we can get another tenant in - both times it's happened it's taken a couple of months in all - then the deposit is refunded less any damages. The deposit isn't there in lieu of rent, it's to cover any damage you might have caused.
So you are being unfair to the agency/landlord if you expect them to fund your change of circumstances (as I read it, you haven't actually lost your job in Cardiff, you've just seen one you like better elsewhere).

What he said.

[Dupont666]

Mark Benson said:

sidekickdmr said:

I'm not being unfair to the agency, we have £900 as our deposit and I have said to them they can keep that to cover costs and gap between us and the new tenant!

If you signed a contract for 12 months, the contract was to pay 12 months rent, not "5 and you can keep my deposit".

As a landlord, when a tenant has come to me and explained a similar situation, we've agreed they pay rent until we can get another tenant in - both times it's happened it's taken a couple of months in all - then the deposit is refunded less any damages. The deposit isn't there in lieu of rent, it's to cover any damage you might have caused.
So you are being unfair to the agency/landlord if you expect them to fund your change of circumstances (as I read it, you haven't actually lost your job in Cardiff, you've just seen one you like better elsewhere).

Exactly what I had to go through but I had to find the new tennant too which was a pita.... otherwise it was £1k a month that I would be owing...

[koolchris99]

Dupont666 said:

Mark Benson said:

sidekickdmr said:

The deposit isn't there in lieu of rent, it's to cover any damage you might have caused.

try telling this to americans like the one in my flat.

"im not going to pay the last £3000 because you have my £900 deposit"

fking bh

[Silver993tt]

So how would you feel if in your new job, your employer said after a couple of months that you had to leave?