My current Letting Agents!

essexlass

I recently wrote to my LL asking if he would be willing to let me move out of my flat earlier than my tenancy agreement says (ends Jan 09).

I received a letter from my LA who said that the LL was willing to let me go but would put the flat up for rent again so people could come and view.

Apparently it was put that my flat would be available end of September 08. So I haven't had anyone enquire into my flat yet but I have been looking for a house and I have finally found one and am all set to move September 13th.

I told my LA that I had found a place and asked if sometime in September was OK. They said it was. I was then told that the flat is up on websites it isn't on rightmove.co.uk, propertysearch.co.uk or lettingsearch.co.uk and it hasn't been listed in the paper either. It isn't even up in their window.

So now I am beginning to think that they actually haven't been advertising my flat at all so I decided to get my mum to contact them via phone asking for 2 bedroom flats they had to rent and they said the lowest price they had was £550 (my flat is £475pcm) so how do I stand with this as they are obviously not bothering to advertise it?

To say I am annoyed is an understatement as I always found my current LA to be OK.

I assume that I will move in September and gte the response that nobody has been interested in the property and so I should pay the rest of the remaining rent.

Any advice appreciated.

essexlass

Does anyone have any advice?

roguebrogue

If they've said you can move out early (and you've got it in writing) then I personally wouldn't worry about whether or not they've put your flat on the market or not. It's their money they'd be losing at the end of the day.

redcar_2

Do you know for sure that you will be expected to pay rent until someone fills the property?

essexlass

Yes my LA have already said until a new tenant is found I am responsible for the rent. Hence my reason for being so p****d off about it. I mean how do I stand once I move if I get told by the LA that I owe loads of rent, surely they can't do this as it says in writing that they were putting the flat up for rent again and haven't done so.

N79

Yes they can do this. I think your being a little bit unfair. You had not given a date by which you would vacate the property so they did not advertise. As a LL you can not relet a property that still has a tenant, this is entirely reasonable. Now that you have given a firm date I would expect them to start to take reasonable steps to market. Don't expect them to bust a gut though and please understand that your LL has been very accomodating about your wish to break your contract.

There is nothing to stop you also advertising the flat although any potential tenants you find will need to be acceptable to the LL.

essexlass

How am I being unfair, I had already chatted with the LA and they told me the property would be put up for end of September, this was done so I could find a property and they could also get a tenant.

How exactly is lying and saying they have put the site up on the internet etc being fair? I am not expecting them to bust a gut but to actually advertise the property would be nice. They aren't even doing that.

N79

It was not clear to me from your original post that at the outset you agreed with your LL that they would be able to offer a new tenancy from the beginning of October.

So not unfair. They should now take reasonable measures to market so keep on at them. In reality reasonable is a very relative term and you have no effective way of making them do anything.

As I said there is also nothing to stop you trying to find a new tenant for your LL.

As you are aware, your liability for rent remains until new T lease starts.

50plusabit

Have a chat with the agent, they do need a firm date from you, to be able to tell potential tenants, and i undersstand you need to know the place has been let, before you take another place. Go to see them and ask why the property is not being marketed.

tbs624

Essexlass- you do know that the LL/LA can look to you to pay the advertising costs don't you?

However cheesed off with them you may be feeling, if you go in with the wrong attittude you won't be helping matters.

By leaving the property early, albeit after discussion, you are in effect reneging on your the terms of your Tenancy Agreement - they are helping you by saying that if another suitable tenant can be found they will release you from your legal obligations.

Work with them - smile and say that if they give you a copy of their blurb you'll do what you can to help find new tenants.

clutton_2

if anyone is being unfair here its you - you have signed a legally binding contract to pay the rent till jan - another 5 months - and the LL is good enough to allow you to leave early. instead of being responsible and saying - "thanks, i'll be leaving on x date" you simply say

""I told my LA that I had found a place and asked if sometime in September was OK."

you then expect your LA/LL to advertise a flat without a date on which it will be empty - will it be 1st or 31st of Sept ?

how on earth do you expect them to get another tenant under these constraints ?

you are legally responsible for the rent until the next tenant moves in, and the LL can legally get you to pay for the advertising and for any void periods that you cause.

As soon as you give the LL/LA a formal and correct one months notice (ie from rent day) he can then start to advertise it with some degree of certainty

start taking some responsibility for your actions.

if the LL suddenly decided that he wanted you out next month and behaved in this cavalier fashion, you would soon have something to say about it ....

a tenancy agreement is a contract and you have to abide by its terms, or negotiate in an adult fashion if you wish to break it