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Ending a Letting Agreement Early - Need advice..

2

Comments

  • Planner
    Planner Posts: 611 Forumite
    1) if you lost your job the rent would still be due (and the remarketing fee if you decided to move). You would have to claim benifits.

    2) If you dont pay the remarketing fee/rent when asked to then a) the agents wont remarket the proerty and b) you will be taken to court to reclaim rent arrears.

    Why not get an advert on gumtree etc and start the ball rolling?
  • moromir
    moromir Posts: 1,854 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    mike.brew wrote: »
    What would happen if I lost my job?
    As far as your contract to let this property is concerned? Absolutely nothing would change. You would continue to be liable for the contract and terms outlined by you previously.
    mike.brew wrote: »
    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.

    I'm sure the Judge is going to look kindly on that explanation (not) when the Landlord takes you to court for non payment of rent... an Early Release has been granted by the Landlord of his own free will, he is under no obligation to do this and could have quite easily refused to release you until the termination date. Count your blessings and don't give him a reason to change his mind.

    mike.brew wrote: »
    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?

    No, in our reality we actually abide by the legally binding document that we have signed. It might mean no socialising and eating baked beans but when the alternative is a court judgement, we suck it up and get on with it. Why should the Landlord be out of pocket?
    mike.brew wrote: »
    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.

    This was excruciatingly obvious. Seriously, read everything that you intend to sign very thoroughly and make sure you understand it and the fact that it is legally binding.
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    edited 16 February 2010 at 12:11PM
    mike.brew wrote: »
    What would happen if I lost my job? If you lost your job you would still be liable for the full rent until the end of the contract.

    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. You are not in position of power in this situation. You are fully liable for 100% of the rent until a new tenant can be found and they will chase you through the courts to collect it and I wouldn't blame them if they did.

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

    The only cash you are being asked to hand over at present is the £275.00 fee for trying to find a new tenant to take over the property. In my opinion this is quite reasonable. The landlord and their agents could pretend to be trying to find another tenant and just not try hard enough, leaving you paying the rent until July. If you play games with them this is the risk you might be taking.
  • adg1
    adg1 Posts: 670 Forumite
    To be offered a re-let fee of £275 is good value. To pay the rent until a new tenant is found is perfectly normal. Also be aware that the agency may or may not ask you to make up a shortfall in the rent if the new tenant is paying liughtly less. You'd only be liable for this until the end of your original fixed term.

    Its usual to be pay for the commission due from the landlord for the agent to find them a new tenant - this is going to be way more than £275 (unless the agent is very cheap).

    You have signed a contract for the fixed term of 12 months and the agent is trying to help you (albeit charge you for the priviledge). Keep paying rent until such time that a new tenant is found as you don't want them hounding you down for rent arrears, but suggest paying their £275 as and when a new tenant has signed their tenancy agreement and paid their deposits.

    Hope that helps.
  • 00ec25
    00ec25 Posts: 9,123 Forumite
    1,000 Posts Combo Breaker
    mike.brew wrote: »
    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.

    sorry but you do not seem to understand what it means to have a contract, you have signed a legally binding agreement to pay rent for 12 months. So pay it you must, if you lost your job you would still be required to pay your rent - and (eventually) you might be able to claim benefit to help you with that which may, or may not cover, the full cost of the rent.

    However, your LL is one of the minority that recognise that tenants may have life changes besides unempoyment which mean they have to move on so has written into the contract the standard clause about breaks by mutual agreement. If it is not mutual, you cannot just walk out yourself (I appreciate you have not said that, I am merely telling it how it is).

    If both parties agree then, in accordance with law, the LL is are entitled to recover (reasonable) costs of re-advertising the property etc. A (fixed) fee of £275 appears reasonable. Furthermore, and again in accordance with law, the LL is entitled to receive your rent until you move out, but the LL must take steps to mitigate his losses, which means (s)he must actively seek a new tenant. If you refuse to pay your rent then he could take you to court and you certainly will not get a reference, then again maybe that does not matter to you?
  • Gwhiz
    Gwhiz Posts: 2,322 Forumite
    Part of the Furniture Combo Breaker
    Another example of the "woe is me, life is not fair" society we are breeding!!!

    Mike, stop looking like an idiot and suck it up!
  • Ok, get what you are saying but why does it have to be written with sarcastic little comments. Would you talk like that to my face? Probably not right? No, I'm sure each and every one of you could offer advice without all the extras.

    Forgive me, but did I start my first post with: 'When giving your advice, please assume that I am a c**t.'?

    Don't answer that, because I'll not look for a reply. Had it with this 'forum community'. I'm going to eat a can of beans now, thanks for that little nugget of advice. As well as sorting out this little issue with the agency it'll probably keep me regular. TOP TIP. Doesn't get much better than that..
  • Gwhiz
    Gwhiz Posts: 2,322 Forumite
    Part of the Furniture Combo Breaker
    mike.brew wrote: »
    Ok, get what you are saying but why does it have to be written with sarcastic little comments. Would you talk like that to my face? Probably not right? No, I'm sure each and every one of you could offer advice without all the extras.

    Forgive me, but did I start my first post with: 'When giving your advice, please assume that I am a c**t.'?

    Don't answer that, because I'll not look for a reply. Had it with this 'forum community'. I'm going to eat a can of beans now, thanks for that little nugget of advice. As well as sorting out this little issue with the agency it'll probably keep me regular. TOP TIP. Doesn't get much better than that..

    I think the sarcasm came as soon as you typed "Thanks for your input..Advice please, not knob head comments"
  • Gwhiz wrote: »
    Another example of the "woe is me, life is not fair" society we are breeding!!!

    Mike, stop looking like an idiot and suck it up!

    You don't even know me, so don't cite me as an example of anything. I just wanted to know what the score was regards my contract.

    Gwhiz - Another example of a holier than thou, condescending !!!!! found on most, if not all forums.
  • It's unfortunate that you have decided to chuck your toys out of the pram but if, as you said, you'd been "watching for a while" you would have noticed that this very same question comes up at least twice or three times a week and the answers are always the same. Just because you don't like the answers doesn't mean that they are wrong.

    It just gets very tiresome when people appear to have a petulant frenzy when they aren't offered a "get-out-of-jail-free" card just because they think they should have one.

    Goodbye
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