Greedy Landlords-help

Rebecca01

Hi
We have a tenancy agreement on our house until October,we want to move out in August.
The landlord advertised the property through an agent and found someone to move in August.

However the landlord emailed me and said as we are breaking the contract they will be kind and meet us halfway and only charge us until the middle of September by which time the new tenant will have moved in.

Is this possible? Is it legal to get two lots of rents from two tenants. When we will have no use of the property.

Greedy Landlords!!

may_fair

You entered into a binding contract. You have made an offer to surrender the tenancy early. LL is free to accept or refuse the offer.

If he accepts, he can make it conditional on you paying £X. £X may be described as equivalent to a sum of rent, but it isn't actually rent, it's just a payment to get LL to agree to the early surrender. Entirely legal.

You're equally free to refuse to pay £X. If you refuse, then you take the risk that LL may not re-let the property before the fixed term expires, in which case he could potentially pursue you for all the rent for the remainder of the fixed term.

Rebecca01

may_fair wrote: »

You entered into a binding contract. You have made an offer to surrender the tenancy early. LL is free to accept or refuse the offer.

If he accepts, he can make it conditional on you paying £X. £X may be described as equivalent to a sum of rent, but it isn't actually rent, it's just a payment to get LL to agree to the early surrender. Entirely legal.

You're equally free to refuse to pay £X. If you refuse, then you take the risk that LL may not re-let the property before the fixed term expires, in which case he could potentially pursue you for all the rent for the remainder of the fixed term.

Thanks for your reply.

Legal maybe not ethical, oh well!

I think my husband is intent on staying and getting use of the house if we are paying for it on principle.

Its all becoming too much of a nightmare.

Rebecca01

Not that I would do it,but it seems the law would be better to abandon as the LL can only claim payment till they re rent it, according to Shelter.

chris_m

Rebecca01 wrote: »

Hi
We have a tenancy agreement on our house until October,we want to move out in August. The landlord advertised the property through an agent and found someone to move in August.

However the landlord emailed me and said as we are breaking the contract they will be kind and meet us halfway and only charge us until the middle of September by which time the new tenant will have moved in.

So when are the new people moving in? August or mid-September?

You need to ascertain exactly when the next peoples' tenancy commences. If the new tenancy doesn't commence until mid-September it's perfectly reasonable for the landlord to expect you to pay until the date that it does. If, on the other hand, the tenancy starts in August then it's not reasonable to expect you to pay beyond then.

Rebecca01

Thanks for your reply

Yes I quite agree if the property is empty but the new tenants are moving in the day after we move out. If it was empty I could completely understand.

It just seems a bit greedy to be getting rent of us and the new people.

Gorgeous_George

Be careful. Shelter is not the law.

A LL may reasonably charge you the costs that they incur. That is rent to the day a new tenant moves in and costs of finding a new tenant.

I find my own tenants and have let a previous tenant leave with no penalty. Other landlords might pay a LA a month's rent as a tenant finder fee (on top of any other costs). Don't cut off your nose to spite your face.

GG

prudryden

So, how much exactly does the LL want? He may have expenses such as check-out and check-in reports plus additional costs for references.

Sorry, just saw your above post.

Rebecca01

I wasnt going to use shelter, just having a look at some info on the net. Maybe not a good thing.

Well you seem like a nice landlord, pity ours is not. It seems our fee to break clause will be about a thousand pounds which seems alot when we are only breaking the contract two months early, after 16 months being here, so they would need a new tenant anyway.

Its the fact they are charging us and the new tenant that irks me.

You are right about cutting our noses off>............. I was thinking the same thing myself, maybe better to pay and cut our losses. Now just to convince the husband.

Rebecca01

Approx about a thousand pounds.

He would have had the costs you state in two months time anyway. Oh and we pay a checkout fee of 120 from our deposit.

prudryden

I would stay if you can and then just leave at the end of the term with no notice which is totally legal. From a landlords point of view, I feel he is asking too much and it is unfair. I guess there was no break clause in your contract?