Ending A Tenancy Early / Remarketing Fee

AlphaCrust

Hoping somebody can offer any comments on the following...

I'm currently renting a studio apartment for £300 pcm on a 12 month contract. Due to a change in my finances I'm no longer in a position to be able to pay my rent without putting myself into serious debt. I've been into the letting agent and had a mini meeting highlighting my inability to meet the rental payment and that I need to leave ASAP before the next monthly payment on the 26th of this month. - Under two weeks notice.

The letting agent have said that a remarketing fee of £195+VAT will need to be paid before they can look at remarking to the property to other possible tenants. I'm just trying to get my head around what this means...

Does it mean:

- (1) I will need to pay £195+VAT to break the 12 month contract and allow them to put it back on the market and no longer have to pay any additional rent ?

- (2) I will need to pay £195+VAT for them to re-market the property and continue to pay rent until they find a new tenant ?

The LA appear to be struggling filling studio apartments and I'd be surprised if they could fill the property before they end of my 12 month contract in May. So does this effectively mean I could be paying them £195+VAT for pretty much no reason ?

Other issues to throw into the pot:

I've had a crack in one of the windows since moving in that was reported to the LA. After much pushing somebody came and gave a quote of £300 for the work to be completed and paid for by either the landlord or management company. As nobody seems to want take responsibility this has not been completed 8 months later.

A month or so before Christmas the landlord was made bankrupt and the property was passed over to his liquidators. Over the last few months it appears the manager at the LA wasn't quite sure where my money was going although I'd had a letter saying the changeover didn't effect my tenancy agreement. I'm also pretty much 99% sure the estate agents had a good idea that the LL was in financial trouble prior to allowing me to sign a tenancy agreement.

Could any of this be a break in the tenancy agreement ?

Any help / advice would be greatly appreciated.

Cheers,

Paul.

moromir

Has the LA put your request to your new landlord? (i.e. the liquidators). I'd find it very suprising if the LA had authority to authorise an early release without their prior knowledge..

G_M

First, I believe they mean option 2).

Second, is there a 'break clause' in your tenancy agreement? Get it out and read it!

Third, As moromir says, speak to the landlord (whoever that is).

Next - if your landlord has changed, have you
a) been notified in writing of the change and
b) be given, in writing, an address "for the serving of notices" on the new LL?

a) Landlord & Tenant Act 1985

3 Duty to inform tenant of assignment of landlord’s interest.
(1)If the interest of the landlord under a tenancy of premises which consist of or include a dwelling is assigned, the new landlord shall give notice in writing of the assignment, and of his name and address, to the tenant not later than the next day on which rent is payable under the tenancy or, if that is within two months of the assignment, the end of that period of two months.

(2).....


(3)A person who is the new landlord under a tenancy falling within subsection (1) and who fails, without reasonable excuse to give the notice required by that subsection, commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

b) Landlord and Tenant Act 1987 :

48 Notification by landlord of address for service of notices.
(1)A landlord of premises to which this Part applies shall by notice furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant.

(2)Where a landlord of any such premises fails to comply with subsection (1), any rent or service charge otherwise due from the tenant to the landlord shall (subject to subsection (3)) be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord does comply with that subsection.

Finally - Cracked window is irrelevant.