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    • isibuko
    • By isibuko 12th Oct 16, 9:03 AM
    • 3Posts
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    isibuko
    Surrender fees
    • #1
    • 12th Oct 16, 9:03 AM
    Surrender fees 12th Oct 16 at 9:03 AM
    Hi. My fiancee and I have been renting a flat through an letting agent for 4 years now, but unfortunately our relationship recently came to an end. As I can't afford to live in the flat by myself, I am going to have to break the tenancy and move out.

    As part of our tenancy agreement, we are responsible for the rent and upkeep until a new tenant moves in (which I totally get) but there is also a 'surrender fee' of 1 month's rent + VAT which, when I asked what it was for, apparently covers 'marketing costs etc' if we both move out. They have agreed to halve the fee if we find someone who can move in, but this seems odd too as presumably the new tenant would be covering the agency fees etc for this.

    Has anyone seen one of these before? When I signed the tenancy agreement I didn't really foresee having to invoke a surrender so I know there is some culpability on my part, but is there grounds for this being an unfair clause? Does anyone have experience of anything like this, and is it worth the challenge?

    Any advice would be gratefully received!
Page 1
    • davidmcn
    • By davidmcn 12th Oct 16, 9:08 AM
    • 3,885 Posts
    • 3,452 Thanks
    davidmcn
    • #2
    • 12th Oct 16, 9:08 AM
    • #2
    • 12th Oct 16, 9:08 AM
    Doubt it's worth challenging, bearing in mind that they aren't required to allow you to surrender the tenancy at all.
    Last edited by davidmcn; 12-10-2016 at 9:25 AM.
    • Pixie5740
    • By Pixie5740 12th Oct 16, 9:13 AM
    • 8,873 Posts
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    Pixie5740
    • #3
    • 12th Oct 16, 9:13 AM
    • #3
    • 12th Oct 16, 9:13 AM
    When did you last sign a tenancy agreement (exact date) and how long was the fixed term, 6 months, 12 months?
    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.
    • isibuko
    • By isibuko 12th Oct 16, 9:20 AM
    • 3 Posts
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    isibuko
    • #4
    • 12th Oct 16, 9:20 AM
    • #4
    • 12th Oct 16, 9:20 AM
    The agreement was signed May 5th, and for 12 months (no break clause)
    • isibuko
    • By isibuko 12th Oct 16, 9:26 AM
    • 3 Posts
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    isibuko
    • #5
    • 12th Oct 16, 9:26 AM
    • #5
    • 12th Oct 16, 9:26 AM
    That was my initial thought, but just thought I would see if anyone has been successful. It seems like a pretty unfair (and arbitrary) amount!
    • Pixie5740
    • By Pixie5740 12th Oct 16, 11:36 AM
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    Pixie5740
    • #6
    • 12th Oct 16, 11:36 AM
    • #6
    • 12th Oct 16, 11:36 AM
    Is that 5th May 2016?

    You are contractually obligated to pay rent until 4th May 2017. You want to break the contract so the landlord can more or less charge what (s)he likes.
    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.
    • G_M
    • By G_M 12th Oct 16, 11:42 AM
    • 37,092 Posts
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    G_M
    • #7
    • 12th Oct 16, 11:42 AM
    • #7
    • 12th Oct 16, 11:42 AM
    A pixie says, you contracted to rent the place till next May. The landlord does not to give a reason for any fee, or other condition, that he levies in return for releasing you early.

    I'm afraid it it simply a matter of negotiating with him. Introducing a new tenant (who of course must be acceptable to the LL) will help that negotiation, but you are still dependant on the LL's goodwill.

    Bear in mind that your partner is (I assume) a joint tenant, so is also responsible for the rent tll May, whether moved out or not........
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