tenancy agreement help

becca26

My daughter signed her tenancy agreement in Feb 2012 for 12 months from September 2012 to September 2013 which at the time she thought she would be staying at the property in Dundee but just last month she has been told the department she works for will be moving to Glasgow, so she needs to live there as it is too costly and too far to commute every day and some weeks has to go in on a weekend for short period of times. Also she can not afford to pay rent on two flats. She has contacted the letting agent asking them to release her out of the contract but they said they want £100 to advertise (which is fine) the flat and she is liable for the rent until they find someone. She needs to be moved out in the next couple of months when everything is moved to Glasgow. Any suggestions on what to do????
Look forward to hearing from you with any advice

G_M

Your post is unclear. She has not yet moved in....

her tenancy agreement ....for 12 months from September 2012 to September 2013

So there is plenty of time for the landlord to find a replacement tenant before the tenancy starts in Sept.

The £100 fee to cover additional unexpected marketing costs seems fair.

becca26

Yes my daughter is already living there, she took the flat in September 2011 and moved in October 2011 Like I say she is happy to pay the £100 for the agents to advertise but she really can't afford to carry on paying for this flat as well as one she needs in Glasgow. I only work part time so can't help out either.
Sorry it wasn't clear.

BitterAndTwisted

Sounds like she'll have to if the agent can't find a new tenant immediately she moves out. Is there any scope for her finding somewhere as someone's lodger in Glasgow as a temporary measure until the place is re-let?

G_M

BitterAndTwisted wrote: »

Sounds like she'll have to if the agent can't find a new tenant immediately she moves out. Is there any scope for her finding somewhere as someone's lodger in Glasgow as a temporary measure until the place is re-let?

Interesting question.... thoughts?

The tenant is currnetly on a Statutory Periodic Tenancy.

The tenant has signed a 12 month Fixed Term contract which commences in Sept 2012 - so presumably remains on a SPT till then.

The tenant can thereofore give a months rental period notice under the SPT and leave.

There is, of course, still a contractual obligation which commences in Sept, but if the LL has agreed to rescind this contract in return for
a) £100 +
b) rent till ne tenant found

I see no reason why marketing cannot commence now and new tenant ligned up for September....

DVardysShadow

Advertise privately and offer an inducement such as £200 signing fee to any accepted tenant.

McKneff

becca26 wrote: »

My daughter signed her tenancy agreement in Feb 2012 for 12 months from September 2012 to September 2013 which at the time she thought she would be staying at the property in Dundee but just last month she has been told the department she works for will be moving to Glasgow, so she needs to live there as it is too costly and too far to commute every day and some weeks has to go in on a weekend for short period of times. Also she can not afford to pay rent on two flats. She has contacted the letting agent asking them to release her out of the contract but they said they want £100 to advertise (which is fine) the flat and she is liable for the rent until they find someone. She needs to be moved out in the next couple of months when everything is moved to Glasgow. Any suggestions on what to do????
Look forward to hearing from you with any advice

But its 1st July today, if she moves in a couple of months that would take it to 1st September. So only paying some rent for September or am I reading it wrong.

pmlindyloo

G_M wrote: »

Interesting question.... thoughts?

The tenant is currnetly on a Statutory Periodic Tenancy.

The tenant has signed a 12 month Fixed Term contract which commences in Sept 2012 - so presumably remains on a SPT till then.

The tenant can thereofore give a months rental period notice under the SPT and leave.

There is, of course, still a contractual obligation which commences in Sept, but if the LL has agreed to rescind this contract in return for
a) £100 +
b) rent till ne tenant found

I see no reason why marketing cannot commence now and new tenant ligned up for September....

Can't quite get my head round this

Daughter moved in Oct 2011 and signed a tenancy agreement from Sept 2011 until 2012. Yes/No?

Then the agent, in February, asked her to sign a new agreement for Sept 2012 until Sept 2013?

That's how I read it!

So she is trying to get out of the old tenancy agreement early and the new one?

Sounds really wierd.

Must be missing something!

How does that put her on a periodic tenancy at the moment?

becca26

Daughter moved in Oct 2011 and signed a tenancy agreement from Sept 2011 until 2012. Yes/No? Yes

Then the agent, in February, asked her to sign a new agreement for Sept 2012 until Sept 2013? Yes

So she is trying to get out of the old tenancy agreement early and the new one? Just the new as she is not required to move to Glasgow until Sept 2012

Never rented property before so really unsure about things.

marliepanda

So really she just wants out of the new tenancy, and to stay until Sept 2012.

I would suggest that she just co-oporates as much as possible with allowing new tenants to view the property, and I would have thought 2 months would be ample time for them to find someone else to move in.

If not, it is tough I am afraid. It is quite strange to sign up for another year 6 months in advance.

becca26

But its 1st July today, if she moves in a couple of months that would take it to 1st September. So only paying some rent for September or am I reading it wrong.

Contract was signed in Feb 2012 for September 2012 until September 2013 but she needs to move out September 2012 when her original contract ends. Hope this all makes sense!