Ending tenancy contract early

sparky341

Hi,

I would really appreciate some advice on the best course of action. We are currently renting a flat on a 6 month assured shorthold tenancy in between house sale/purchase. We exchanged contracts on the house purchase last week and are completing on 18th December. We were let down the day of exchange (twice) with a previous purchase and rented the flat quickly as we needed somewhere asap. We found a new property to buy that we love faster than we expected and had to complete quickly as they are going abroad for months next year.

We asked very nicely and politely if there was any possibility of ending the tenancy early and have paid a £250 'readvertising fee' to the agency for them to re market it early. They have only had 2 viewings in a month and I was very annoyed when last week the letting agent wanted to cancel one of the two that were booked on the same afternoon because the chap wanted to put it back just half an hour and in her words 'she didnt want to waste time waiting around in her car' (there would have been only 45 minutes between the two viewings). I made the point that we have paid a fee for them to at least make their best effort to re-let it, but basically she doesn't really care. We asked if the landlord could be asked if she would be willing to accept an amount of money to end the tenancy early and after waiting 2 weeks for the agent to contact them were told that she isn't (I don't think the agent has actually asked the landlord if she would accept a further month and 1/2's rent as we asked).

I appreciate that we signed a contract and are now committed but am concerned that the agency, in particular this agent are absolutely rubbish and are making no effort to re-let despite us having paid an additional hefty fee. The flat was full of the previous tenant's items on moving in, which we had to help move out - which took a good 45 minutes - and with items like a mouldy shower curtain, we were told we should buy another one and then send receipts to the agency etc - basically they can't be bothered to do a lot to help. This particular agent is particularly unhelpful and I feel won't try to re-let the flat for us now - she even said she had only just started in the job and things like ensuring the flat was clear at the start of our tenancy 'wasn't her problem'. There are no major issues in fairness, but we are anxious they are not really trying to re-let it and are just happy to take our rent for another 4 months. She won't let me have the landlord's details to try to contact them directly and also won't let me have her manager's details - so we will just ring up tomorrow or go in and find out for ourselves.

Sorry for the long post - Is there anything we can do?

BitterAndTwisted

One, you are legally bound to honour the contract for the full six months and it can only b broken by mutual agreement.

Two, it is a legal requirement for the LA to supply the landlord's address if you request it, so do so in writing and give them a deadline to supply it.

Three, try and find alternative tenants yourselves if you can. As long as you're bound by the contract the LA will do naff-all to find new tenants and they'll take your money not to do it

cymro

Pay up the rent due under the contract you signed and move on. Don't waste time, money and energy you could be expending on your new place.

sparky341

Thanks for the replies..I know we are legally bound and we don't have any intention of illegally breaking the contract.

Thank you for the info about legally be able to request the address - I will certainly do this. I wondered where we stood on advertising ourselves but am sure it can do no harm - may try to check with agency manager when I can find out who he is.

As there are four months to run, I don't think we can afford to pay the whole lot at once and walk away, as we are cleaned out from the house purchase - though by offering to pay 6-8 weeks rent and hand back the keys I had hoped this might be acceptable enough to make a 'clean break'. Also there's the issues of bills - water etc which we would be liable for for this period and I expect they would want us the remain responsible for. There is a chance they might re-let it, which would be a waste of a lot of money even if we could pay the whole lot now. I just want shot of them and to focus on the new house though and can't see how we can achieve this really.

I know we only have ourselves to blame for wanting to end the commitment early but it's a shame there's no way of paying up a decent amount and ending it - we're getting married next May and paying both mortgage and rent puts paid to saving up anything over the next few months

mariaadam

I agree as above, try to contact the landlord directly if possible. Its true that the estate agents will be in no rush as other prospective tenants can be placed in other homes....which in turn they will get paid on whilst your still sat in that home.

Other than that...its a bit difficult to do anything and you probably wont get out of your contract.

Good luck though

sparky341

Hi,

I really need some help.

I was called back this morning by the other letting agent who is the colleague of the first. I had hoped she might be professional and better than the other one at least. She called me 'extremely rude' and wouldn't even let me speak at all, just interrupting me all the time, although I was completely calm and polite. I asked to speak to her manager, the 'managing director' who called me back later and his opening line was 'I want a good explanation as to why you have been upsetting my staff' which I couldn't believe and pretty much summed up his attitude. He was very awkward and as unpleasant as he could be to me. I tried reasoning and saying I'm sure he'd heard one side but I'd like the opportunity to explain what has been happening and our complaints but he was clearly totally anti-me from the start. He wouldn't give the landlord's address at all despite me saying it was a legal requirement - he said I could write c/o the management agency despite me saying I wanted to write to the landlord directly and believed we had the right to request this. He then said none of the agents would deal with me now and they won't phone to arrange any viewings and then put the phone down on me.

I am so shaken I'm in tears and really upset, I don't know what to do. Is there any way we can just walk away based on this and other factors like the rubbish in the property when we let it, there is also a non-regulation light bulb in the bathroom (no cover and eletrical risk) which fell out and smashed everywhere when my partner were in there that we asked them to replace and sort out to legal standard a month ago and they haven't - I know it sounds minor but I'm so upset and desperate to get away from them I would welcome any chance to do so. The only thing I can think to do is call the solicitor who we're using for the sale and show her the contract and explain problems and get legal advice on what (if anything) we can do. Now they won't do viewings and I'm worried about our deposit too, even though the place is immaculate I'm sure they'll try to keep it all.

Please can anyone help?

tbs624

Your have to apply for the LLs name and address *in writing* and if the LA doesnt provide it within 21 days he commits a *criminal offence* . You don't need to give a reason for wanting the info, merely say that you are requesting under S1 of the LL and T Act 1985. (it is name and address only, not phone number).

Many LAs don't know about this requirement purely and simply because they don't need to have any qualifications, training,common sense etc to set up as an LA. Anyone, yes, really, anyone can set up as an LA.

However, it would be quicker for you to pay 4 quid at the LR to get the LL name and address

They can only charge their "reasonable" costs for reletting. There is nothing to stop you advertising the property, showing potentials round etc but the poss Ts would have to meet the LA/LL requirements on credit checks etc.

You will probably find it easier to deal with this in writing from now on, using rec delivery.
You need to stick to facts only, so make notes on dates, what was said, agreed, paid, suggested etc to prepare a letter.

The local trading standards office can help as can the Tenancy Relations Officer ( private sector rentals) at the local Council.

BitterAndTwisted

I don't understand why you are worrying about having to come up with the rest of the rent on your agreement all at once. You don't. You just need to continue paying the rent on the due-dates whether you are actually living in the property or not.

Did you have a check-in inventory done which included notes about the state of the place and the rubbish you had to remove? Were any photographs taken? Any witnesses who can confirm? They might consider trying to retain your deposit so you should try and get everything in place now to avoid it. Has your deposit been registered in any of the protection schemes? It is a legal requirement for your landlord to do this with penalties if they do not.

You can check the Land Registry website to check the address of the landlord and it will cost you about £4. It's time to stop speaking to the LA on the phone and time to start putting things in writing, so send them a letter by Recorded Delivery and request that they confirm the address of the landlord giving them 21 days to respond IF you still feel that dealing with the LL direct will have any effect on your situation. It's entirely possible that the LA has been in contact with the LL and are actually carrying out their instructions so it's possible that contacting the LL direct may not get the result you are looking for in any case.

In your situation what I would do is to change the barrels of the locks, keeping the old one to be replaced by you once the tenancy agreement ends. Despite anything the LA or LL may say or what it says in your letting agreement, this is entirely within the law.

Next, I would take meter readings once you move out and take them once again at the end of the tenancy. You are still liable for any usage until the end of the six months but at least you'll know whether anyone has been in there.

adg1

From your original post I assume you have now completed etc on your new house? Congratulations!

Notwithstanding what sounds like an awfully unhelpful estate agent, you have two options. You signed a contract for the rental property which you must adhere to for the duration. If you need to leave early then you can either remarket (as you are) with the EA but remember that you can also look for tenants yourself to replace you on the tenancy.

The other option is to pay off the rest and move out. With this option you could, I suppose move slowly to your new house and carry out any work that is required prior to you moving in.

You need to apply in writing, as TBS states, to the EA to obtain the landlords full details. Or you can pay £4 and get the same from data from the land registry. If you apply in writing it is a legal requirement for the agent to give you your LLs address.

Read through your contract. Probably towards the rear there will be a section for ending the tenancy. Part of this will state what happens if you want to break not in accordance with a break clause - you'll probably find you have to repay the landlord his remarketing costs (I don't get why the agent are charging you £250 for this pleasure already?) or the costs of finding new tenants to take over the tenancy - If its the latter then you may get away with referencing fees, though it sounds like you'll get nowhere with the agent.

Spend the £4 and get your landlords details and write to him directly stating your situation. Also copy in your EA so you have a full paper trail. He may well be more receptive than the agent who already has a tenancy ongoing, are charging fees from the landlord and have your referencing fee in hand to find someone new. After all, he may want a nince secure tenant rather than one that is going to leave in as shorter time as possible!

Also, report the agent to whatever body they are members of - Ombudsman/ARLA/NAEA about their conduct towards you. Sounds pretty OTT from what you've been saying!

sparky341

We have now printed our own adverts in an effort to get someone in - going to advertise at the university etc and asked friends/colleagues who may be interested.

They state the £250 is for readvertising, e.g re-marketing on their website and in the paper (though it's not going in every week and no official line on how often).

We did sign an inventory and were careful to make loads of amendments as it included items that weren't there/no mention of existing marks/stains etc so we have been careful to amend this before returning it and were mindful of the importance of this in not losing our deposit. The deposit is protected and we do have proof of this. I think on moving out we will definitely take the advice for getting witnesses/photos.

I have drafted a letter to the letting agency including repeating the request for the landlord's name and address under the act and stating they are obliged legally to provide this. I've also included all the other complaints we have. At the least I'm going to let the landlady know how rubbish her agency are with examples of how they have behaved as I don't think she has a clue how awful they have been to deal with. I appreciate the advice to put it all in writing, which hopefully this letter does.

However I thought it would be best not to send the letter until we have received advice from our solicitor - we're going to send her a copy of the letter and of the contract today in the post. Perhaps she could even re-word/send a better and more official one on our behalf?

Also - the contract does state near the beginning about the need for us having reasonable time to check the agreement etc - we signed it on the spot in the car park on the day of the commencement of tenancy without really time to read it through as the agent was waiting to go. (I know that makes us sound like complete idiots and we probably are!). It states it may be 'unenforceable' if there wasn't sufficient time to check it properly. It is dated the same day as we started the tenancy and moved in so any grounds here at all?

I have been trying to calm down and get it in perspective but I still can't believe how the managing director spoke to me - he's the one I would have to write to as well, so not sure that it'll help very much, apart from protecting us a bit by at least having it in writing.

We don't want to break the law/default on our contract but would be keen to know if anyone thinks if we have any legal grounds based on our problems to do so?

N79

sparky341 wrote: »

They state the £250 is for readvertising, e.g re-marketing on their website and in the paper (though it's not going in every week and no official line on how often).

Sadly since you are the ones breaching the contract there is very little control over the re-advertising fees provided that they are reasonable. GBP 250 does not sound totally unreasonable to me.

sparky341 wrote: »

I have drafted a letter to the letting agency including repeating the request for the landlord's name and address under the act and stating they are obliged legally to provide this. I've also included all the other complaints we have. At the least I'm going to let the landlady know how rubbish her agency are with examples of how they have behaved as I don't think she has a clue how awful they have been to deal with. I appreciate the advice to put it all in writing, which hopefully this letter does.

When did you last ask for the LL's name and address in writing? Are the agents being slow or have they already gone over the 21 days since you first asked in writing?

sparky341 wrote: »

Also - the contract does state near the beginning about the need for us having reasonable time to check the agreement etc - we signed it on the spot in the car park on the day of the commencement of tenancy without really time to read it through as the agent was waiting to go. (I know that makes us sound like complete idiots and we probably are!). It states it may be 'unenforceable' if there wasn't sufficient time to check it properly. It is dated the same day as we started the tenancy and moved in so any grounds here at all?

In my opinion no you do not. Your LL even advised you to take your time (which they have no obligation to do) and you did not. There is nothing here to change the terms of the tenancy and since you live in the house you can hardly claim a tenancy does not exist! Even if a court rules your tenancy agreement unfair (highly unlikely in my opinion) then all the court would do is apply a statutory tenancy which leaves you no better off as you will still have a 6 month fixed term.

sparky341 wrote: »

I have been trying to calm down and get it in perspective but I still can't believe how the managing director spoke to me - he's the one I would have to write to as well, so not sure that it'll help very much, apart from protecting us a bit by at least having it in writing.

We don't want to break the law/default on our contract but would be keen to know if anyone thinks if we have any legal grounds based on our problems to do so?

None of the problems you mention would justify cancelling the contract early as there are other remedies for all of them. I'm afraid that you are going to just have to pay rent until the end of 6 months or until a new T is found. However, defaulting or breaking your contract is not "breaking the law" but, if you fail to pay the rent you owe and the LL persues you for it through the courts then it will eventually lead to a CCJ and a trashed credit rating (if you continue to refuse to pay).