Help needed drafting letter to LL offering cash for early AST surrender

sussexchick

Dear All

As the thread suggests, and after all the help, advice and support you've given me in my recent threads, I have decided to offer the LL 3 months rent in cash, to be paid this week, on the proviso that he surrenders me immediately from the AST, thus allowing him to either sell the property, or to continue to find a new tenant. (I'd not be liable for the CT, LL insurance or any other utilities) so feel it would be better doing it this way.

I need to move on with my life and commit to my new job, without having to constantly worry about things that I cannot change.

So that I don't fall foul of the Law, are any of you nice people able to help me draft together a letter to the effect of the above offer ?

I would be very grateful of your help.

Many thanks and kind regards to you all, HAPPY EASTER !

SC
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princeofpounds

You won't fall foul of the law. The main thing is to get any agreement in writing. This is just a letter.

The key is to be concise. Something like:

Dear LL,

Due to personal circumstances, including a new employment opportunity, [address] is unfortunately no longer suitable long term accommodation for me.

Consequently I would like to request early termination of the tenancy agreement between us.

I am mindful that this involves you releasing me from my contractual obligations and so I am prepared to offer an arrangement to smooth the transition to a new tenant without disruption.

[make offer]

Please let me know your thoughts,

Yours sincerely,

Etc.


But do you really need to start offering money upfront? Many reasonable LLs will release tenants as long as a replacement is found.

bitsandpieces

You're offering more up-front than I would in a 'normal' negotiation. I'd normally try to avoid showing what I was willing to pay - 'I would be willing to make an appropriate payment to terminate my AST early, as I think this could be a better solution for both of us. What would you view as a fair settlement?' - or start lower to leave negotiating room (what if he sees the 3 months offer and comes back asking for 5?) Your LL seems a PITA, though, so hard to predict what would be a good negotiating strategy!

You might also lay out again the consequences if you can't move. '[address] is unfortunately no longer suitable long term accommodation for me. I need to move to [far away] in order to remain in my current job. If I cannot do this [bad things, e.g. losing job, needing to claim benefits, finding it hard to move in future]'. Be careful not to make this sound like a threat, though...and, as before, hard to know how your LL will react.

By the way, how are you liable for landlord's insurance anyway?

sussexchick

Hi POP and B&P

Many thanks for both your replies. I have drafted an email (but will also write to LL) so as just to get the ball rolling.

I have taken some extracts from POP's post and 'cobbled' the rest together ! :eek:

As for LL insurance, he advised me that if the property is left for more than 14 days (I've checked the AST and it does state this) then the LL needs to be informed and this could incur penalty fees from the insurers ! he'll be billing me apparently for this amount !

This is the 1st AST I have ever had and my lack of knowledge is apparent. I've always owned my own home but had to sell when my marriage was dissolved. Its only now, once reading the agreement over and over again, that I actually understand it and how stacked in favour of the LL it really is. !

You live and learn .......................:(

bitsandpieces

sussexchick wrote: »

As for LL insurance, he advised me that if the property is left for more than 14 days (I've checked the AST and it does state this) then the LL needs to be informed and this could incur penalty fees from the insurers ! he'll be billing me apparently for this amount !

I wonder if that term's enforceable? It seems unreasonable to expect tenants to not leave the place unoccupied for more than a fortnight (you are allowed 2wk+ holidays when you rent!) Might be worth a word with CAB or Shelter.

ValHaller

bitsandpieces wrote: »

You're offering more up-front than I would in a 'normal' negotiation. I'd normally try to avoid showing what I was willing to pay - 'I would be willing to make an appropriate payment to terminate my AST early, as I think this could be a better solution for both of us. What would you view as a fair settlement?' - or start lower to leave negotiating room (what if he sees the 3 months offer and comes back asking for 5?) Your LL seems a PITA, though, so hard to predict what would be a good negotiating strategy!

3 months is a very good offer. I imagine OP wants to tip LL into accepting rather than dithering. As such, it seems to me that an offer given 'out of the blue' may be more successful than the same offer reached after protracted negotiation.

OP, I suggest that you do not offer a number of months rent. Instead offer the rent to a particular date, so that the LL will think it will be to his advantage to accept ASAP.

sussexchick

ValHaller wrote: »

3 months is a very good offer. I imagine OP wants to tip LL into accepting rather than dithering. As such, it seems to me that an offer given 'out of the blue' may be more successful than the same offer reached after protracted negotiation.

OP, I suggest that you do not offer a number of months rent. Instead offer the rent to a particular date, so that the LL will think it will be to his advantage to accept ASAP.

I have learnt fast ! - I did exactly as you suggested, have said offer remains on the table until such a date, and asked for immediate release of tenancy should he wish to proceed with my offer. I've also asked that everything is put in writing BEFORE any release of funds.

I have emailed the LA/EA and said that the offer of one months paid rent of any new tenant is now void with immediate effect.

Thanks ever so much for all your help

SC
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tim123456789

bitsandpieces wrote: »

You're offering more up-front than I would in a 'normal' negotiation. I'd normally try to avoid showing what I was willing to pay -

You're starting from the viewpoint that OP isn't bound absolutely by the contract that he signed.

He is and no amount foot stamping will change that.

If LL/LA doesn't want to agree to accept a lower offer they are perfectly entitled to sue for the sum owing on full-term and they will win (though how they get the OP to pay is another matter).

Don't get me wrong here, I'm not unsympathetic to the OP's problem - Most LL/LA's will negotiate and that is as it should be, but it isn't. But if they wont the OP has zero negotiating options here.