Rights when letting agent finding new tenant after ending contract midterm

Southwest_2

Hi all,

We are buying a house and are breaking our letting contract midterm which is accepted by our landlord, as long as we pay the fee to the letting agency to market the property in order to find a new tenant to take over. We are bound to pay the rent until the new tenant moves in.

Now, we agreed on a checkout date at end of June, which would mean the house is available from July 1st. Having agreed this, we signed and exchanged contract on the house purchase based on that date.

As it turns out, the letting agency marketed the property, accepted the first person who was interested but that person could only move in 11 days later than the date we had agreed on. Now, the letting agency thinks we should pay rent for these extra days! But we think they should have tried harder to find someone to move in on July 1st.

Can anyone give us any tips on how to proceed with this and what our right are?

Thanks.

Guest101

It's a tough one, and only your landlord can decide.

The question you should ask is, are they going to take you to court for 11 days rent - probably not.

Southwest_2

Interesting point.

The problem is they could probably take it out from the deposit?

But our conflict isn't with the landlord, it's with the letting agent.

bizzybee

How long was the letting agent supposed to keep trying to find someone who could move in on your preferred date of 1st July?

Guest101

It's a tough one, and if they wanted a month's rent i'd argue to the ilt, but for 11 days, house moves are stressful enough, let them take it out of the deposit, or all else fails just dont pay the last month, let them keep the whole deposit. But that's my advice only

Annisele

Finding somebody *now* who wants to move in on exactly 1st July is a bit of a tall order.

If they'd waited, they might not have been able to find anybody who wanted to move in before September.

I think you've actually got a pretty good deal only having to pay 11 days extra rent when you're breaking a contract in the middle.

G_M

The reality is that if they had 'kept looking' they may well have lost these tenants and you might be paying rent till god knows when!

Be gratefulk it is only 11 days. Remember, YOU are the one wanting to break the contract you signed.

Legally? Yes they can take the rent from your deposit, or use any other legal process.

But yes they must do as their client (the LL) instructs, so it is up to him.

ognum

G_M wrote: »

The reality is that if they had 'kept looking' they may well have lost these tenants and you might be paying rent till god knows when!

Be gratefulk it is only 11 days. Remember, YOU are the one wanting to break the contract you signed.

Legally? Yes they can take the rent from your deposit, or use any other legal process.

But yes they must do as their client (the LL) instructs, so it is up to him.

I agree with GM finding tenants to move in on an exact date is almost impossible. Ususally there is a bit of negotiation between landlord and tenant and that means both giving a bit to come to a mutually acceptable date. Sometimes landlords lose a few days or weeks rent.

I think 11 days is not too bad to be honest considering your requirements. Think you need to pay!

Southwest_2

I agree it could be worse than eleven days!

Few other points:

We paid £300 for remarketing the house, and hence we see ourselves as the client.

There were four other viewings booked within the next 24hrs, first viewer wanted it and the remaining viewings were cancelled. We weren't consulted on that decision.

We were told the property was let and then exchanged contracts on our house. Had we been told of the new date we could have moved our completion date a week later.

Just thought we might have room to negotiate?

G_M

Southwest wrote: »

I agree it could be worse than eleven days!

Few other points:

We paid £300 for remarketing the house, and hence we see ourselves as the client.
Seeing yourself as the client does not make you the client!
And whose client do you mean? The LL's?
The 300 is simply compensation for breach of contract. That (presumably) is the cost the LL has incurred as a result of your breach.

There were four other viewings booked within the next 24hrs, first viewer wanted it and the remaining viewings were cancelled. We weren't consulted on that decision.
Who the LL lets his property to is none of your business. I agree the LL could have allowed the other viewings, but frankly if he has found a replacement tenant, who satisfies his selection criteria (refs, credit etc), and wishes to move in within a reasonable time-frame (ie 11 days!) then it is normal to avoid messing everyone around, tell the other applicants the property has gone, and give the successful applicant some certainty.

We were told the property was let
wer you given the start date? If not, did you ask?
and then exchanged contracts on our house. Had we been told of the new date we could have moved our completion date a week later.

Just thought we might have room to negotiate?

You are clutching at straws:
* buying property involves peripheral expenses
* breaking a tenancy agreement involves costs
* aligning tenacy dates/Completion dtaes is very hard & rare
* 11 days is minimal - could have been much worse

Finally: how long have you had this tenancy and how long still to run? If you were looking to buy, why did you sign a fixed term tenancy?

BobQ

Op - you are being unreasonable.

The LL could have said your problem pay me rent until the end of the tenancy agreement. Instead he agrees that you can leave early if you cover the costs to him of getting a new tenant.

Now you think you are employing the LA.

When you rented the property, did you give the LA a date on which you were willing to move in? Or did you move in on the date the LL specified?

Count yourself lucky to have been able to break your contract in such a fair and reasonable way!