Ending a Letting Agreement Early - Need advice..

mike.brew

This is my first post, I've been watching for a while now and now seems like a good time to seek advice.

Last July I signed a 12 month rental agreement with IMS Derby as I got a job in the area and had to relocate. This was my first time renting a property and IMS were aware of this, as well as my desire to not be living social housing of any kind. It may not be relevant, but I've ended up living next door to a social housing block of flats even though I told the agency I didn't want this. Are they allowed to lie to get me in?

Circumstances have changed. My job here is due to end in July, it's a 6 month rolling contract. I've been offered a permanent job in Portsmouth so I want to make a move.

Now, I've read through my rental contract and there is a paragraph that reads:

'Strictly with the landlord's or his agents prior written consent and subject to certain conditions that may include the landlord's reasonable costs associated with the re-letting of the premises, the tenant might be allowed to surrender or give up this tenancy before it could otherwise lawfully be ended.'

I've told the agents I want to leave and they say I am liable for £275 re-letting fee and for 100% of the rent (£475) until July or they find a new tenant. There is no mention of this in the original contract, so they have sent me another that forces me to agree to those terms or they will not accept my notice or advertise the property for re-let.

I was prepared to pay 'reasonable costs'. As the situation stands at the moment, assuming I pay all these fees, I will not be able to do this move without starving or getting myself into big debt. Is that reasonable...?

Any advice whatsoever will be appreciated.

Thank you, Mike

BitterAndTwisted

Under the circumstances I think that £275.00 is a bargain compared to having to pay the full rent until your contract ends. Decline it at your peril because if you p!ss them off they might withdraw their generous offer and hold you to the terms of the contract.

westv

mike.brew wrote: »

I've told the agents I want to leave and they say I am liable for £275 re-letting fee and for 100% of the rent (£475) until July or they find a new tenant.

I don't see how you can have a problem with that.

Gwhiz

BitterAndTwisted wrote: »

Under the circumstances I think that £275.00 is a bargain compared to having to pay the full rent until your contract ends. Decline it at your peril because if you p!ss them off they might withdraw their generous offer and hold you to the terms of the contract.

If you read the OP they want BOTH!

mike.brew

Sorry, I meant it to read, '£275 fees and responsible for rent until July.'

I would've had their hand off otherwise.

mike.brew

westv wrote: »

I don't see how you can have a problem with that.

Thanks for your input..

Advice please, not knob head comments.

westv

mike.brew wrote: »

Thanks for your input..

Advice please, not knob head comments.

Sorry but if you don't like reality then this forum may not be for you.
You want to leave the tenancy early. What do you expect your LL or LA do? They aren't a charity. Ok, it's expensive but you are the one that is basically pulling out of the deal.

ET1976

Perhaps you have misunderstood the nature of a contract.

You have signed up to pay 12 months rent. You are liable to pay rent for 12 months. The agency are offering you a way out, if they can find another tenant, and are quite reasonably asking you to pay the costs of finding this replacement.

This is absolutely standard practice and perfectly within the terms of any (properly drawn up) contract.

It's possible that you could be pro-active in trying to find a replacement tenant yourself and proposing them to the agent, thereby getting someone in more quickly and saving you some rent, if they are acceptable to the agency. I don't know how agencies work in this respect but this often happens with private landlords.

Gwhiz

mike.brew wrote: »

Now, I've read through my rental contract and there is a paragraph that reads:

'Strictly with the landlord's or his agents prior written consent and subject to certain conditions that may include the landlord's reasonable costs associated with the re-letting of the premises, the tenant might be allowed to surrender or give up this tenancy before it could otherwise lawfully be ended.'

Seems reasonable AND you signed it. Pay up and move on I would say.

Planner

You have agreed to both these charges already - dont see how you have a leg to stand on in trying to get out of them now.

As already said, be proactive in trying to find a replacement yourself.

mike.brew

What would happen if I lost my job?

I'm going to pay the agents fees and rent, it seems I'll have to. I just won't pay a penny until someone has moved in.

The way I see it, if I just hand over the cash there's no incentive for them to find someone quickly.

westv wrote: »

Sorry but if you don't like reality then this forum may not be for you.
You want to leave the tenancy early. What do you expect your LL or LA do? They aren't a charity. Ok, it's expensive but you are the one that is basically pulling out of the deal.

Your initial post wasn't advice, just another irrelevant, uncalled for, forum response. 'If you don't like reality...' there you go again. Is this your reality?

Everyone else, thanks. I just wanted to test the water as it's my first time renting a property. I won't make the same mistake next time.