Out of work and need to end STA

legs1975

I am out of work in 2 weeks. I have been applying for jobs for two months to no avail. I cannot continue covering the rent and bills (£1500 or so a month cumulatively). In November 2012 they forced me to sign a renewal agreement for 2 years after the first two years agreement had expired. For £156.

The landlord has agreed to release me from the tenancy but I have to pay for the new tenancy agreement (£156 - and am ok with this) AND the letting fees between now and November 2014 of £78 a month - plus any other expenses that should emerge. This amounts to over £1740. Currently. Without anything they deem to take out of my deposit or further fees accruing from finding a new tenant - (ie the amount of your last rental payment, the cost of
our client’s administration and letting fees, etc.)

These fees will be made up by the replacement tenant. So in effect they are making a profit.

Can someone please advise me as to where I can go or what I can do to fight back?

thesaint

How did they "force" you to sign a new tenancy agreement?
Did you get the police involved?

jamie11

legs1975 wrote: »

I am out of work in 2 weeks. I have been applying for jobs for two months to no avail. I cannot continue covering the rent and bills (£1500 or so a month cumulatively). In November 2012 they forced me to sign a renewal agreement for 2 years after the first two years agreement had expired. For £156.

The landlord has agreed to release me from the tenancy but I have to pay for the new tenancy agreement (£156 - and am ok with this) AND the letting fees between now and November 2014 of £78 a month - plus any other expenses that should emerge. This amounts to over £1740. Currently. Without anything they deem to take out of my deposit or further fees accruing from finding a new tenant - (ie the amount of your last rental payment, the cost of
our client’s administration and letting fees, etc.)

These fees will be made up by the replacement tenant. So in effect they are making a profit.

Can someone please advise me as to where I can go or what I can do to fight back?

Since the landlord has agreed to allow you to end your tenancy contract all he can charge you is for the reasonable costs of re-letting, this will not include payments up till November 2014.

Has this demand come from the agent for the landlord? Does the landlord even know about it? It's completely unenforceable.

Make an offer to pay for his re-letting costs and nothing else, if they try to claim your deposit then dispute it. Check to see if the deposit is properly protected.

pmlindyloo

Please make sure that your landlord agreeing to release you from your current tenancy is in writing.

Legally you are obliged to pay your rent until the end of the tenancy so it is really important that you have your landlord's agreement to end your tenancy in writing.

You would be expected to pay reasonable costs to re-let the property.

If your tenancy has ended then there can be no other costs involved as you are no longer a tenant.

Yorkie1

1. You refer to a STA. Are you in Scotland?

2. Is there a break clause in your tenancy agreement - i.e. where after a certain period of time, either party can give notice to end the tenancy early?

grifferz

As an aside..

We know that a landlord cannot pass on costs other than those of re-letting, once the tenancy has ended, but can the landlord make that a precondition of agreeing to the tenancy ending?

i.e. can the landlord say:

I agree to let you end this tenancy early provided that you pay my costs for the next letting (£156) and also my letting agency fees up until November 2014 (£78 per month).

and have it still be enforceable?

It seems like an unfair term since the letting agent fees are unrelated to the tenancy ending, but as the landlord is under no obligation to let the tenant out of the tenancy early perhaps it is enforceable?

Since it does seem unfair though, might a crafty tenant wait until they had received written confirmation that the tenancy had ended and then just refuse to pay the letting agent fees? In which case a profiteering landlord might refuse to send that letter until this demand was met.

jamie11

It's unenforceable. Full stop.

grifferz

jamie11 wrote: »

It's unenforceable. Full stop.

But in the real world that leaves the tenant having to sue the landlord to get that part back, right?

jamie11

grifferz wrote: »

But in the real world that leaves the tenant having to sue the landlord to get that part back, right?

Wrong. This smells like an agent trying it on. OP should make an effort to speak directly to the landlord and sort it out.

thesaint

jamie11 wrote: »

It's unenforceable. Full stop.

If this is an AST in England or Wales, the landlord is entitled to rent up to and including the last day of the fixed term.

Let's say the rent up to this time totals 20k, the landlord could ask for 15k, the tenant pay it, and the landlord re-let it the next day.

Far from being unenforceable, the tenant would have no redress.

jamie11

It's an STA...........Scotland.

The landlord must mitigate, fair enough to charge costs but not to profit. If he rents the place to someone else that ends the liability.