Lettings agency refusing to find tenants

Handsome90

Hi everyone

I'm in a bit of a dilemma. I've lived in a rented property for 1 year and 8 months but due mitigating circumstances, I've to move abroad for nearly a year. My contract with the lettings agency is until July 2013. I went to their office today but they weren't that helpful. I've explained my situation and the reason why I've to move abroad.

They told me that according to their terms and conditions, it's my responsibility to find a replacement tenant. They won't advertise their property in their website even.

Shouldn't the agency try to minimise their losses and look for a replacement tenant? I think it's unfair that they won't help me find a replacement tenant.

Thanks for reading . I'm looking forward to reading your views.

mattyprice4004

When I had a similar situation, I was told a flat no - I had to pay until the end of the contract.

To be fair, it's not their fault you're moving so not really their mess to sort out. As far as I'm aware they can hold you to the contract.

How much they can do about it when you're not in the country is the question though.

vuvuzela

It's you that has to minimise your losses - the agency won't lose out as they can sue you. The agency could assist in this, but ultimately as it is your decision to try and surrender the tenancy early, you are liable for rent until either you find a new tenant or you pay for the rest of the term you signed up to.
Also, you will likely have to pay all the fees for the new tenant signing up too - reference fee and fees that normally would be billed to the landlord.

somethingcorporate

They won't be making a loss since you are contractually obliged to pay rent until July 2013.

You will be the one making the loss so it is in your interest only to find a replacement tenant.

Hintza

Nothing to stop you advertising it.

Up here after 6 (or whatever the initial term is) months most contracts revert to a rolling 30 days notice.

You are the one that wants to terminate the contract so there is not much incentive for them to find someone else. Have you offered the bloke a bung?

mattyprice4004

I also note you say they werent helpful - what do you expect them to do?

They didn't tell you to leave the country.

Optimist

I do not see that the letting agency is under any obligation to find another tenant. It is your contract and the liability lies with you.

As for the agency minimising their loss, as I understand it rent is classed as a debt and niether the landlord nor his agent has any obligation to minimise a debt.

Hintza

Handsome90 wrote: »

I'm looking forward to reading your views.

Obviously not that much last activity 7:13pm and no reply.

System

Also I imagine the letting agency are more concerned about finding tenants for empty properties on their books. Not a property where they already have a tenant contracted for the next year. I don't see why you would expect them to do anything?

Handsome90

I've read everyone's post now. Thanks to those of you who replied

Yes, you are right to state that it's not the lettings agency fault that I'll be moving abroad for 1 year. But because of my ill health, I've to take a year off university to recuperate. Because I'm an international student, I don't have any other choice other than to go back home.

I mentioned earlier that I felt that they weren't being helpful (but their stance wasn't illegal) because they won't help me find a replacement tenant. I hoped that they would understand my situation and would advertise the property in their website, while in the meantime I put up adverts in gumtree and other free websites. That would have helped me a lot and would have reduced my stress levels.

Hopefully, I'll manage to find someone to replace me.