early termination of tenancy

becool

I have a tenancy agreement starting on 2 september for fixed 6 months.

I have now exchanged the contract of buying a property so need to move on 17th November due to schooling.

I have spoken to the agency and she demands £1250 for the landlord. I must mention that I have found someone who can cover my remaining tenancy but not full rent. so I need to pay few hundreds toward his rent too. My monthly rent is £1250 so it is a month's worth rent. She said that the landlord have paid her this amount when we rented this house. I think this is rather high. I know that the letting agency demands 10% of the rent from the landlord and introducing fee. According to her I may save only a month's rent.

If I just lock it and leave and keep paying rent until the end of the tenancy, how the council tax or other bills will be affected?

It's a financial disaster.

kingstreet

If it's not a daft question, why on God's green earth did you enter into a six month AST when you were buying a property and likely to need to get out of the tenancy in such a short time?

A month's rent in lieu of notice seems like a good deal to me.

Fire_Fox

It's worth running an advanced search, this issue comes up regularly. You have signed a legally binding contract so not in much of a position to negotiate, if that is that agent's standard charges that is likely what you will have to pay or see the contract out, otherwise the landlord will be out of pocket. By all means bypass the agent and write directly to the landlord, you have nothing to lose.

You cannot just move another tenant in without the written permission of the landlord or his agent, that would be classed as subletting which is prohibited by clauses in most ASTs. You would need to declare the income to the taxman and possibly the rent liability to your mortgage lender. How are you going to ensure the person moves out at the end of the tenancy and who pays for any damage? If you introduce this new tenant so avoiding the 'finders fee' they may have to start a new six month AST with you as guarantor - you would then be liable for their full rent until they move out, not just for the fixed term.

Whilst you are the legal tenant you are liable for the utilities and council tax, tho many councils offer six months free CT for an empty (no furniture) property. However there is likely a clause in your AST about leaving the place empty for more than a couple of weeks because it invalidates the landlord's insurance. Sorry I am being so negative but you have got yourself in a right mess, you would have been best moving into a cheap room in an HMO or at least reading the AST before signing.

Werdnal

The tenancy you signed is legally binding on you to pay all rent, utilities etc on that property for the duration of that fixed term. If you have managed to negotiate an early release, by offering the LL a settlement of your financial obligation for that 6 months term, then think yourself lucky. LL could just sit back and make you pay the whole 6 months you agreed when you took the tenancy.

Has the LL/Agent agreed to take the new tenant? Have they passed credit checks etc? You cannot just assign the tenancy over to someone else, as they are not the tenant legally entitled to live there under the agreement and therefore you are illegally subletting.

You cannot just lock up the property and leave it, as no doubt your tenancy agreement has a clause about leaving the property unattended (it will void the LL's insurance, leave it open to vandalism and burglary, burst pipes etc) and as the legal tenant for that period, you will be financially responsible for any losses or damage. Are you really contemplating leaving the place empty until February?

I too wonder why you signed up in Sept and want to leave already?

becool

I know I have made a big mistake. I couldn't find any place until last minute. This was the only house which accepts children and 6 months. All of them wanted one year contract. Short term let was too expensive and the furniture storage etc. anyway I can't lock it up and walk away. That's depressing. The other person who wants to rent also can't find a place with a kid. I think the timing was just very bad. The letting agency will have credit checks on him and do contract with him. If I am responsible for anything for him I'd rather pay all the rent and go.

G_M

The only way you can get out of your legal responsibilities (rent, council tax, utility bills, damage etc) is by agreeing an Early Surrender of the tenancy.

This must be done by agreement with the landlord. For which he can and probobly will require compensation.

A months rent seems fair
a) when compared to the costs to you of maintaining your legal obligations for another 4 months) and

b) the costs to the LL of finding another tenant (the one you've 'found' is clearly unacceptable if they can't afford the rent!)

More here.