Scotland - End Rental Term Early - Please Help

scoobyfamily

We initially signed a 6 month rental contract and then in January 2011 signed a 12 month contract - which we requested as we thought we wouldn't be moving any time soon.

Money has come together and the house which we'd noticed was for sale in this estate a year ago just shed 10k off it's asking price so we made a move and have just had our offer accepted 5k below that. It's all happened so fast from seeing the drop in price because it wasn't selling.

The proposed move in date is in August so we will still have September to January on the rental contract remaining.

We thought it was just one months notice but it's worked out on the contract as "two months notice minimum and the the tenant cannot leave until the last day of the contract".

I'd already e-mailed the EA yesterday and told them what's happened but I've got a feeling they're going to be a pain.

As it is only 5 years old I know they'll have no problem at all in getting it rented out (we were the first people to come and see it and we paid the deposit straight away + extra for our cats). We have the Landlords number and have had him in for a cup of tea when he fixed something. I tried to call him and then text him to explain the situation also. He told me to phone the agent.

Please can you suggest anything that could help.

tbs624

The clause stating that "the tenant cannot leave" poorly worded: you can of course "leave early" but when you sign up or a Fixed Term then you are legally obliged to pay rent etc for that full term, unless there is a break clause which you can invoke at a suitable point or the LL otherwise agrees to you ending the tenancy early.

Write to both LL and LA and offer to pay their reasonable costs for advertising the property for a re-let, & be very helpful with access for viewings by potential Ts. Once a suitable new T moves in your liability would cease. Get any such arrangements confirmed in writing.

scoobyfamily

I'm not too keen on all of their letter they've sent today.

You have enquired about being released early from your fixed term tenancy
which officially ends on 23rd January 2012. Early release can only be granted at
the discretion of the landlord. In order for us to discuss this with your landlord
and request their approval we need you to sign and return this document to us
first of all.
The overarching principle behind the early release conditions is that it should not have to
cost the landlord anything because a tenant wanted to reduce their liabilities by being
released early.

Below are set out the conditions that we will recommend the Landlord imposes:

1. You can only be released from the tenancy when a new tenant has been
found and the new tenancy commenced.

2. You will be liable to pay the fees that we will charge the Landlord for finding
the new tenant (50% of PCM rent plus VAT = £330). The fee must be paid as soon
as any landlord permission were to be granted and before any remarketing
would commence.

3. You will remain responsible for the rent, utilities and Council Tax at the
property until either the new tenant takes up occupation or to the end of
your tenancy, whichever is the sooner.

4. If you vacate before the new tenancy starts, then you will remain
responsible for security at the address until the end of your tenancy. You
must take all reasonable steps to protect the property, such as arranging
for the property to be visited on a regular basis and for the heating to be
left on or the water system drained down. If you decide to drain down the
water system then you will be responsible for the cost of having the system
refilled before the new tenancy starts.

5. We would need your full co-operation with viewings so that we can secure a
new tenant at the earliest possible date.

6. We will aim to let the property at the current, or at a higher rent. If we can
only secure a tenant quickly by reducing the rent, then we will discuss with
you whether you are prepared to fund the shortfall in order to achieve early
release.

7. If you remove your possessions from the property then please inform your
insurer so that cover can be transferred to your new address.

8. Please advise us of your forwarding address, as soon as you have this
information.

After you have read this letter please sign in agreement below and forward this letter to
our office so that we take the Landlords instructions on this matter.

scoobyfamily

Can't exactly pay council tax twice !?

BitterAndTwisted

I don't see anything particularly unreasonable in that letter from the agent. These are the sort of conditions I would have expected in your circumstances.

HAMISH_MCTAVISH

scoobyfamily wrote: »

I'm not too keen on all of their letter they've sent today.

You have enquired about being released early from your fixed term tenancy
which officially ends on 23rd January 2012. Early release can only be granted at
the discretion of the landlord. In order for us to discuss this with your landlord
and request their approval we need you to sign and return this document to us
first of all.
The overarching principle behind the early release conditions is that it should not have to
cost the landlord anything because a tenant wanted to reduce their liabilities by being
released early.

Below are set out the conditions that we will recommend the Landlord imposes:

1. You can only be released from the tenancy when a new tenant has been
found and the new tenancy commenced.

2. You will be liable to pay the fees that we will charge the Landlord for finding
the new tenant (50% of PCM rent plus VAT = £330). The fee must be paid as soon
as any landlord permission were to be granted and before any remarketing
would commence.

3. You will remain responsible for the rent, utilities and Council Tax at the
property until either the new tenant takes up occupation or to the end of
your tenancy, whichever is the sooner.

4. If you vacate before the new tenancy starts, then you will remain
responsible for security at the address until the end of your tenancy. You
must take all reasonable steps to protect the property, such as arranging
for the property to be visited on a regular basis and for the heating to be
left on or the water system drained down. If you decide to drain down the
water system then you will be responsible for the cost of having the system
refilled before the new tenancy starts.

5. We would need your full co-operation with viewings so that we can secure a
new tenant at the earliest possible date.

6. We will aim to let the property at the current, or at a higher rent. If we can
only secure a tenant quickly by reducing the rent, then we will discuss with
you whether you are prepared to fund the shortfall in order to achieve early
release.

7. If you remove your possessions from the property then please inform your
insurer so that cover can be transferred to your new address.

8. Please advise us of your forwarding address, as soon as you have this
information.

After you have read this letter please sign in agreement below and forward this letter to
our office so that we take the Landlords instructions on this matter.

Those are fair and reasonable.

You'll only be able to get out of your fixed term agreement if the landlord is able to find another suitable tenant without losing money.

Best help that process to happen as quickly as possible.

agrinnall

scoobyfamily wrote: »

Can't exactly pay council tax twice !?

I'm not sure what you mean by this. It is of course perfectly possible to pay council tax twice, I did it for several years when I had two properties. It may be that you can't afford it but I'm afraid that while you are still the tenant for the rental property you are responsible for it. It may be possible to get a discount on one of the properties although these days it's not likely to be more than 10% (in the old days I got a 50% discount on the second property but come the credit crunch that got cut to 10%).