landlord and fixed term tenancy issue...

iang74

so we're moving out 5 months into a years fixed term contract (contract at the landlords request) into our own property, we've had a great relationship with the landlord and letting agency, but he's not willing to surrender the contract. BUT... upon our notice, he's taking the opportunity to change letting agents, from one who manage over 500 properties and only ever have a dozen or so up for rent at any one time, and deal exclusively with rentals only... to an Estate Agent who do lettings on the side, have about 200 properties and regularly 20-30 of these listed.

Is this a route out of our contract? I believe he's intending to set the rent about £50-£100 more than we're currently paying, and using a less proactive, non-specialist agency to the one we signed the contract with... we feel this will have a detrimental impact on the ability to let the property quickly. Any advice, please?

jjlandlord

You've signed up for 12 months, so unless there is a break clause in your contract, you are completely at the mercy of your landlord's will and conditions.

On the other hand you seem to suggest that your landlord has put the property back on the market following you telling him that you would like to surrender the tenancy. Is this correct? Has he stated conditions?

iang74

jjlandlord wrote: »

You've signed up for 12 months, so unless there is a break clause in your contract, you are completely at the mercy of your landlord's will and conditions.

On the other hand you seem to suggest that your landlord has put the property back on the market following you telling him that you would like to surrender the tenancy. Is this correct? Has he stated conditions?

no break clause. At time of signing, absolutely no intention to move.

No conditions outlined, just a call to say a rep from the new agency will be round tonight for their pre-market assessment.

tirlittan

Not sure how it works on a year's contract but if you sign for 6months, after 3months you can give notice but you have to find replacement tenants to take on the flat. Landlord's have a say on this but can't just refuse other prospective tenants without valid reasons.

iang74

Can we argue that it wasn't pointed out clearly that there wasn't a break clause in the contracT?

BitterAndTwisted

This pre-market assessment signifies nothing as far as your contractual obligations are concerned. You absolutely need to clarify whether your landlord would be willing to accept your surrender of the tenancy IN WRITING. Be prepared to pay for the landlord's remarketing expenses at best. The worse outcome is that your landlord will hold you to the 12 month contract. You landlord is under absolutely no obligation to release you

BitterAndTwisted

iang74 wrote: »

Can we argue that it wasn't pointed out clearly that there wasn't a break clause in the contract?

No! You should have ensured that you read and fully understood all of the clauses in the contract before you signed it. By signing it you signified that you had.

BitterAndTwisted

tirlittan wrote: »

Not sure how it works on a year's contract but if you sign for 6months, after 3months you can give notice but you have to find replacement tenants to take on the flat. Landlord's have a say on this but can't just refuse other prospective tenants without valid reasons.

This is absolute cobblers.

iang74

BitterAndTwisted wrote: »

This pre-market assessment signifies nothing as far as your contractual obligations are concerned. You absolutely need to clarify whether your landlord would be willing to accept your surrender of the tenancy IN WRITING. Be prepared to pay for the landlord's remarketing expenses at best. The worse outcome is that your landlord will hold you to the 12 month contract. You landlord is under absolutely no obligation to release you

This is what we've had so far from the current letting agent:

Further to our correspondence of yesterday's date, we write to advise that your landlord will be using City & County to re-advertise and relet the property for them. Therefore, they will contact you direct in order to arrange appointments at the property.

Subsequently, as we are not reletting the property, then there will be no relet charges nor admin charges made by ourselves, but you will of course still be liable for full rental payments up to the day before a new tenant moves into the property, or to the expiry of your contract, whichever is sooner.

Does this serve as indication of our landlords intent, and does this mean we won't be liable for any re-letting charges from the new agency as our contract is not with them, and assuming they've done a deal to secure our landlords property waiving such sums?

G_M

Some of the advice you've received is good - some is garbage!

iang74 wrote: »

so we're moving out 5 months into a years fixed term contractthen you are in breach of contract (contract at the landlords request irrelevant. You agreed to it) into our own property, we've had a great relationship with the landlord and letting agency, but he's not willing to surrender the contract. BUT... upon our notice, he's taking the opportunity to change letting agents, so what? his arrangement with his agents is irrelevant. Maybe he has an odd-job-man too. If he changes the odd-job-man this does not affect your contractfrom one who manage over 500 properties and only ever have a dozen or so up for rent at any one time, and deal exclusively with rentals only... to an Estate Agent who do lettings on the side, have about 200 properties and regularly 20-30 of these listed.

Is this a route out of our contract?No I believe he's intending to set the rent about £50-£100 more than we're currently paying,he cannot change your rent during your 12 month fixed term any more than you can leave early. EXCEPT by mutual agreement and using a less proactive, non-specialist agency to the one we signed the contract withyou signed a tenancy contract with the landlord for the property - not the agent!... we feel this will have a detrimental impact on the ability to let the property quickly. Any advice, please?

If you wish to leave before the 12 months you can only do so with the LL's agreement. Many LLs will agree if the tenant agrees to pay his associated costs (advertising etc) and with the surrender date coinciding with a new tenant moving in.

If the LL is "intending to set the rent about £50-£100 more than we're currently paying" it sounds like he is advertising the property? Does this mean he has accepted/agreed to your early surrender? If so, has he done so in writing, and on what conditions?

The rent the LL agrees with the replacement tenant, and the agent he chooses to employ, are matters entirely betwen him and the new tenant/agent - nothing to do with you.

I'm afraid that you signed up to 12 months, so the LL is under no obligation to release you. You are dependant on his goodwill.

A minority of contracts have break clauses, but if you did not request one be put into the contract then you agreed to 12 months.

Personally I see little point in break clauses. If either or both parties want the option to end the contract 6 months into a 12 month contract, why not simply have a 6 month contract? If after that period both parties wish to continue they can either sign a new 6/12 month contract, or move to a (monthly) periodic contract.

BitterAndTwisted

I would say that this does indeed signify the landlord's intent to seek a replacement tenant. You should fully expect to pay for the new agent's charges in securing another tenant for your landlord. You have misunderstood: your contract is and always has been with the landlord not the original agent. In all cases agents act for and on behalf of the landlord who appoints them, not the tenant.