Breaking tenancy due to ill health

wardie2437

Hello,
We are in the process of moving to social housing due to my wife ill health.
Our (privately rented) landlord is allowing us to do a transfer of tenure, and for the privilege the agent is charging us a months rent.

My question is can they enforce this? The place has already been re-let, there has been no cost incurred and our landlord will be getting double bubble this month as we have had to pay up until 26th November but are moving out on the 7th.

Many thnaks

Wardie

cycloneuk

How long was your tenancy agreement? usually costs are incurred when finding another tenant since the agent will of had to advertise the property and some agents will also charge the landlord a fee.

If you have paid until the 26th then no one else can move into the property before then.

wardie2437

They advertised it on their own website - didn't even get as far as RightMove. First person round wanted it and wanted to move in on 9th. In all honesty we wanted to move out ASAP, but we had to pay a months rent up until 26th November.
Plus as I say we are moving on health grounds in to sheltered accommodation.

dimbo61

If another tenant does move in go into the letting agents and demand the return of all rent from the day they moved in until the 26th.
The letting agent will be charging lots of fees, reference, credit checks, inventory etc for the new tenant BUT they could also ensure that the new tenancy does not start until the 28th so wait and see if anyone moves in before that.
Good luck in your new home and better health to you both

wardie2437

ok I'll do that. Its with my rights as we've paid up until 26th to demand the rent from 9th - 26th?

Kynthia

They've agreed to let you break the legal contract you signed to pay rent until the end of your fixed term in exchange for a certain 'fee' and you agreed to this. They've spent time and money they were not expecting to until at least the end of the fixed term on finding new tenants, credit checking them and getting references, new contracts and a check out when you leave. I don't think it's nice if you are wanting to renege on this agreement.

pmlindyloo

I think you have to know whether the money was for the new tenancy checks/check out/advertising for new tenants or for a month's rent.

They cannot have rent being paid twice and if you are indeed not legally ending your tenancy agreement until the 26th November then no one else can move in until that date.

I suspect the letting agent will say that the money was for re letting and just happened to be the same as a month's rent.

You could try negotiating the price for re letting but again I suspect this is what they charge in this situation.

BitterAndTwisted

Think about what expenses the landlord has incurred: tenant-finding fee from the agent, another check-in inventory etcetera and all at the cost of a coupe of week's rent. I think you've already got a fair deal out of this.

whalster

I had a couple move into a flat 3 weeks ago ,Friday they moved out ! As a private landlord I judged it was better to let them go sign to say they have relinquished the tenancy and re let . I have done this on a lot of occasions over the years . I said I would accept the deposit amount .
Now it may have taken me a month to let the flat which would have used the deposit however it only took a couple of days so I was ahead but so were the previous tenants as they had a six month legal contract .
Just as an aside here this week I let a tenant take a property within social housing before his notice period ended ,under the LHA I make sure I get the overlap payment which suits the new and old landlord ,under universal credit there is no overlap provision so in theory I could have said no to this which may have caused him to loose his new property ,or I suppose he could have left risking court action. Either way it is just another stupid consequence of the proposed new system dreamt up by the numpty party