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  • FIRST POST
    • antifox
    • By antifox 1st Feb 16, 8:19 PM
    • 2Posts
    • 0Thanks
    antifox
    Early termination of tenancy
    • #1
    • 1st Feb 16, 8:19 PM
    Early termination of tenancy 1st Feb 16 at 8:19 PM
    Hello, I am hoping to get some advice on ending a tenancy early.

    I have moved into a flat for over a year, many issues like mould and bad smell in a bedroom remains unresolved. It is managed by a letting agent. Over the past year, the communication with the letting agent has been high undesirable and frustrating (won't bore you with the details).

    Recently got in touch directly with the landlord who agrees to terminate the agreement early before the fixed term ends provided that the letting agent agrees to waive the commission fees. But letting agent is not responsive.

    What are my options? What would be my worse case scenario if I just walk out of the tenancy?

    Thanks.
Page 1
    • G_M
    • By G_M 1st Feb 16, 9:20 PM
    • 41,100 Posts
    • 47,243 Thanks
    G_M
    • #2
    • 1st Feb 16, 9:20 PM
    • #2
    • 1st Feb 16, 9:20 PM
    What is the current status of your tenancy? Fixed term? Till when?

    Worst case if you walk out is you get demands for rent till the fixed term ends, or indefinately if periodic. Followed by court claim.

    Negotiate with landlord - he's the one who decides.

    Is there a Break Clause in your contract?
    • antifox
    • By antifox 2nd Feb 16, 7:22 AM
    • 2 Posts
    • 0 Thanks
    antifox
    • #3
    • 2nd Feb 16, 7:22 AM
    • #3
    • 2nd Feb 16, 7:22 AM
    fixed term till 2017. landlord is reluctant if letting agent does not waive the commission fees. thanks.
    • Pixie5740
    • By Pixie5740 2nd Feb 16, 7:30 AM
    • 10,848 Posts
    • 14,990 Thanks
    Pixie5740
    • #4
    • 2nd Feb 16, 7:30 AM
    • #4
    • 2nd Feb 16, 7:30 AM
    Your contract is with the landlord, not the letting agency. The letting agency just acts on behalf of the landlord so have you discussed the mound, bad smells and other issues with him? Have you reported these issues in writing to the address for the serving of notices given in your tenancy agreement?

    Is there anything you are doing to cause the mound such as not ventilating your home or heating it adequately? Do you dry clothes inside?

    If you are taking the necessary steps to prevent the mound and other issues then follow Shelter's procedure for getting repairs done. Step 1, write a letter.

    http://m.england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • dancingfairy
    • By dancingfairy 2nd Feb 16, 7:46 AM
    • 8,962 Posts
    • 7,344 Thanks
    dancingfairy
    • #5
    • 2nd Feb 16, 7:46 AM
    • #5
    • 2nd Feb 16, 7:46 AM
    The landlord can set whatever terms he wishes for you to leave early including paying readvertising fees etc. He seems to have made it more complicated by dragging the letting agent into it. The problem is the letting agent don't want to let you go and understandably don't want to loose their commission.
    Do you know what sort of cost the commission is? Normally people pay readvertising costs but you could suggest to the landlord you pay up to a certain date and whatever the agencies commission is? Would this work?
    Assuming you don't want to be pursued for unpaid rent ( potentially through the courts) then you can either go after the landlord to fix the issues or negotiate. Basically its whatever deal you can agree between you.
    Good luck
    Df
    Making my money go further with MSE
    How much can I save in 2012 challenge
    75/1200
    • princeofpounds
    • By princeofpounds 2nd Feb 16, 8:10 AM
    • 7,673 Posts
    • 10,100 Thanks
    princeofpounds
    • #6
    • 2nd Feb 16, 8:10 AM
    • #6
    • 2nd Feb 16, 8:10 AM
    Of course the letting agent is not going to waive any fees.


    The letting agent works for the LL only anyway, so it's not as if you as a tenant have any leverage over them at all. If he wants the letting agent to charge less, he needs to be the one asking them.


    Honestly, the simplest way to do this might be to pay the equivalent of the fees in return for early release. It might be what the LL is actually angling for anyway.
    • G_M
    • By G_M 2nd Feb 16, 10:55 AM
    • 41,100 Posts
    • 47,243 Thanks
    G_M
    • #7
    • 2nd Feb 16, 10:55 AM
    • #7
    • 2nd Feb 16, 10:55 AM
    Have you checked for a Break Clause yet.....?
    • DMMEG
    • By DMMEG 13th Jul 17, 8:45 PM
    • 3 Posts
    • 0 Thanks
    DMMEG
    • #8
    • 13th Jul 17, 8:45 PM
    • #8
    • 13th Jul 17, 8:45 PM
    Hi. I signed a fixed term tenancy for 12 months in march 2017 (tenancy expiring in march 2018). There is no break clause in the contract. The property is rented to me via an agency. Unfortunately my work situation has changed and I will be unemployed from the 10th October. I need to end my tenancy on the 19th October ( the day the rent is usually paid/the day of the month I moved in) as I will be unable to pay rent thereafter due to lack of earnings. I wanted some advice on how to go about this:
    1. Should I send a letter addressed to the landlord c/o letting agency (as I have no personal contact details for them)?

    2. Should I try and negotiate an early termination with the letting agent by writing to them first?

    3. If the landlord refuses to let me terminate, do I have any other options?

    4. If anyone knows of a template letter to send to the landlord, I would be grateful if you could point me in the right direction

    Many thanks
    • isplumm
    • By isplumm 14th Jul 17, 2:37 AM
    • 1,790 Posts
    • 761 Thanks
    isplumm
    • #9
    • 14th Jul 17, 2:37 AM
    • #9
    • 14th Jul 17, 2:37 AM
    Hi. I signed a fixed term tenancy for 12 months in march 2017 (tenancy expiring in march 2018). There is no break clause in the contract. The property is rented to me via an agency. Unfortunately my work situation has changed and I will be unemployed from the 10th October. I need to end my tenancy on the 19th October ( the day the rent is usually paid/the day of the month I moved in) as I will be unable to pay rent thereafter due to lack of earnings. I wanted some advice on how to go about this:
    1. Should I send a letter addressed to the landlord c/o letting agency (as I have no personal contact details for them)?

    2. Should I try and negotiate an early termination with the letting agent by writing to them first?

    3. If the landlord refuses to let me terminate, do I have any other options?

    4. If anyone knows of a template letter to send to the landlord, I would be grateful if you could point me in the right direction

    Many thanks
    Originally posted by DMMEG
    You'd be far better to start your own thread ...

    Mark
    We’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com
    • 00ec25
    • By 00ec25 14th Jul 17, 3:00 AM
    • 4,799 Posts
    • 4,172 Thanks
    00ec25
    You'd be far better to start your own thread ...

    Mark
    Originally posted by isplumm
    they did, 3 minutes after posting here, and about 6 hours before your post. Hence their post count is now >1
    http://forums.moneysavingexpert.com/showthread.php?t=5679100
    Last edited by 00ec25; 14-07-2017 at 3:02 AM.
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