Breaking 12month Tenancy

aylithuk

I need some advice

I moved to Nottingham for my job last Thursday and on the day I moved in I got a phone call to say my office was being closed and all jobs moved to Manchester!

Had I known this this 4 days earlier I would of just moved to Manchester. Anyhow I don't really want to leave my company as too many benifits and good salary with them so they have offered to pay relocation cost to move me again.

The problem I have is I have signed a 12 month agreement (signed in July). I won't be needing to move until Jan 2011 however I am looking for my agreement and it reads this

6.2 Should a tenant(s) want to terminate their fixed term tenancy before the normal end date and the landlord agrees, then the tenants vacating will be liable to pay the landlords re-letting fees payable to the agent before the tenancy terminates & continue paying rent until the tenancy comes to an end.

Am i reading this right? - if the landlord agrees and I pay the reletting fees I will only need to pay the rent until I move out? (on the agreed date with the LL)

Thanks

tbs624

aylithuk wrote: »

....
The problem I have is I have signed a 12 month agreement (signed in July). I won't be needing to move until Jan 2011 however I am looking for my agreement and it reads this

6.2 Should a tenant(s) want to terminate their fixed term tenancy before the normal end date and the landlord agrees, then the tenants vacating will be liable to pay the landlords re-letting fees payable to the agent before the tenancy terminates & continue paying rent until the tenancy comes to an end.

Am i reading this right? - if the landlord agrees and I pay the reletting fees I will only need to pay the rent until I move out? (on the agreed date with the LL)

Thanks

The wording of that clause is not brilliant. Generally, you are contractually obliged to pay rent for the full Fixed Term, unless the LL agrees otherwise.

So , you get to pay the "reasonable" costs for the LA/LL to find a replacement T who is acceptable to the LL. You would also have to pay the rent until such time as the new T can take possession of the property.

Work with the LA/LL to find the new T, and be helpful with viewings: the sooner a new T is n place, the sooner your financial obligation will end.

thewaterboy

Alternatively, you could find a replacement tenant(s) youself and then not have to pay any of the agent's fees. This is fairly easy via gumtree etc

G_M

thewaterboy wrote: »

Alternatively, you could find a replacement tenant(s) youself and then not have to pay any of the agent's fees. This is fairly easy via gumtree etc

Sorry this is rubbish. You can certainly offer a prospective tenant to the lL but it is up to the LL whether they accept. Most LLs prefer to select their own tenants - I certainly do!

The clause is ambiguous, but I suspect "& continue paying rent until the tenancy comes to an end." in reality means
"& continue paying rent until the new tenant starts a tenancy and takes over the rent".

In other words the LL will agree to terminate YOUR tenancy on the date a new tenant starts HIS. So no, although you can certainly move out whenever you want, you won't stop being liable from when you move out.

The contract is fairly standard. Terminate a fixed term contract early but not at the LL's expense, either in lost rent OR in tenant replacement costs.

Perfectly fair. After all, if the LL asked/told YOU to leave before the fixed term was up, YOU'd be pretty miffed, and either refuse (and if he hastled you you could take him to court for harrasment!), or you'd demand full compensation of all YOUR costs!