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    • abw2017
    • By abw2017 29th Nov 17, 9:42 PM
    • 2Posts
    • 0Thanks
    abw2017
    Ending fixed term AST early
    • #1
    • 29th Nov 17, 9:42 PM
    Ending fixed term AST early 29th Nov 17 at 9:42 PM
    Hi All

    Looking for a bit of advice about ending my tenancy early due to moving away from the area for work reasons.

    I signed a 12 month AST on 10th June 2017 ending on 9th June 2018 now i'm likely to needing to leave by the end of january/early feb and need some advice on where I stand about the final few months rent.

    The only part I can find in the contract is this section -
    "In the event of the Tenant vacating the Property prior to the expiration of the Term, the Tenant shall be responsible to compensate the Landlord any sums already paid to the agent or is liable to pay the Agent as a form of commission for the remainder of the Term stated in this agreement. This amount may fluctuate depending on individual circumstances but will never exceed 12% of the remaining rent until the end of the Term. Should this payment not be received by the Landlord prior to the expiry of the Term, the Tenant agrees that the Landlord may deduct the said amount from the Deposit without further notice."

    To me that reads I may have to pay 12% of the remaining final months rent?

    Can any one confirm that's what it means?

    Thanks
Page 1
    • G_M
    • By G_M 29th Nov 17, 10:18 PM
    • 42,280 Posts
    • 49,123 Thanks
    G_M
    • #2
    • 29th Nov 17, 10:18 PM
    • #2
    • 29th Nov 17, 10:18 PM
    Firstly - it seems very generous. In most fixed term tenancies, the tenant is liable for the full rent for the full term ie 12 months.

    But reading that clause, you either pay

    * "any sums already paid to the agent" which could be the costs of marketing, setting up the tenancy etc

    or

    * "commission for the remainder of the Term stated in this agreement. This amount may fluctuate depending on individual circumstances but will never exceed 12% of the remaining rent until the end of the Term." ie perhaps 12% of the monthly rent between the date you leave and the 9th June 2018
    • flashg67
    • By flashg67 29th Nov 17, 10:19 PM
    • 2,294 Posts
    • 1,504 Thanks
    flashg67
    • #3
    • 29th Nov 17, 10:19 PM
    • #3
    • 29th Nov 17, 10:19 PM
    12% of remaining months, rather than the final month is how I read it? Is there nothing else about paying tha actual rent until the end though - the clause you quote relates just to additional costs?
    • JoJo1978
    • By JoJo1978 29th Nov 17, 10:37 PM
    • 180 Posts
    • 175 Thanks
    JoJo1978
    • #4
    • 29th Nov 17, 10:37 PM
    • #4
    • 29th Nov 17, 10:37 PM
    I would express your intention to leave on the date you need to and ask what you owe, if anything I.e. ask for a final settlement bill. Be prepared though to pay a max of 12% of the rent from when you leave to the end of the agreement.
    Hamster in the wheel (London) 1999-2017
    Mortgage free since 2015; Pension pot sorted 2017
    Second career (what TBD!) 2018
    • abw2017
    • By abw2017 1st Dec 17, 10:07 AM
    • 2 Posts
    • 0 Thanks
    abw2017
    • #5
    • 1st Dec 17, 10:07 AM
    • #5
    • 1st Dec 17, 10:07 AM
    Nope this is the only one I can find, not even a mention about notice periods in it!

    It's kinda what I thought but thanks all
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