Ending an AST agreement before the end of the fixed term

may_fair

markojanicki wrote: »

Thank you all for your quick and reassuring replies.
When you write: "So if the letting agent charges for drawing u the surrender document it would seem fair to charge you (a reasonable amount)."
I agree that they should be paid for the extra work they do because of this, and that we should be liable to pay this (not the LL or new tenants).
Can you just roughly indicate what do you think is a reasonable amount for such a case (drawing a surrender document), so that when they come with a figure I know if its is too much or reasonable?

Only a qualified lawyer can charge a fee for a Deed. It would illegal to charge if it's the agent who has drafted the Deed.

may_fair

markojanicki wrote: »

They want us to pay total of 1625 pounds for surrendering the contract. Yes, it is less than staying with the flat, but are they in right to demand so much? And it is still perhaps not the end, because who guarantees that they will not come with something new if I agree to this? And if I sign the deed of surrender, how can I be sure they would pay me back the advanced rent I have paid (not deposit) in amount of about 40% of the rent until the end of the tenancy.

The terms of the surrender, including any refund due to you, should be included in the Deed. It is a legally enforceable document so if they didn't pay you, then you could bring a county court claim against them.

The terms cannot be altered after the Deed is executed, (unless, I suppose, all parties sign another Deed).

markojanicki

The advance rent was due to the fact that we are foreigners and did not have at the time enough people to reference for us. This amount is part of the contract, and monthly we have been paying only the difference.

The deed (which is not yet signed by me nor by LL) says: "tenants will pay the costs of the LL to draw up the new tenancy agreement", it also mentions paying fees resulting from damages, which is ok, and says nothing about other fees that they are now demanding. I also got a tenancy changeover costs in amount of 625 (not 1625!), but unfortunately without date or signature (but it's not their memo).

jjlandlord

markojanicki wrote: »

The advance rent was due to the fact that we are foreigners and did not have at the time enough people to reference for us. This amount is part of the contract, and monthly we have been paying only the difference.

If so, presumably you do not need to pay rent monthly as it is already paid. So why do you say that you have been paying "the difference"?

Any any case, if this is proper rent in advance, what happens to it should be included in the negotiation of the surrender.