Surrender tenancy fees - possible next steps???

modboy118

Hi there

I am 6 months into a 12 month private tenancy with no break clause. Unfortunately me and my partner have split up and neither of us can afford to live in the property any more.

We emailed the landlord, explained the situation, and offered to give him 8 weeks notice so we could move out, and he could find new tenants. He sent a lovely response, saying how sorry he was that all this had happened and said he would get back to us.

Later that afternoon he forwarded an email he had got from his letting agents. They have 'advised' him that we can surrender the tenancy on the following terms:
- we pay all her re-letting fees (approx £500)
- we pay her £1500 'compensation
- we must move out in 3 weeks time

We are now in the position where we cannot afford to stay in the property, nor can we afford to leave it. I have explained this to the landlord but he doesn't want to negogiate.

What are my options? I was considering staying for a further month and not paying my rent until he serves a section 8 notice. Even if he keeps all my deposit I'll be much better off. I really want to keep this above board though.

What would be the consequences of taking this action? Is he likely to take me to court for the one months rent arrears??

I feel like I'm stuck between a rock and a hard place so any advice would be welcome.

Thanks

HappyMJ

Why can you not afford it? You are both liable for the rent until the end of the term. If one of you moves out could you get a lodger in to help with the rent. Even if your now ex partner moves out your ex partner still must pay half of the rent.

How much is the rent? Maybe if you posted a SOA on the debt free board they might help you cut your expenses so you can afford it on your own.

If he serves a section 8 you'll be liable for all of the rent due...plus costs...and if you don't pay it quickly you'll have a CCJ recorded against your name. Not a course of action I'd take.

The deposit is to cover damages...it's not supposed to be used for outstanding rent. They can still take action against you for unpaid rent. Once you pay that you can get your deposit back.

jjlandlord

HappyMJ wrote: »

The deposit is to cover damages...it's not supposed to be used for outstanding rent.

Of course it is...

moromir

jjlandlord wrote: »

Of course it is...

I think what the previous poster is getting at is that the landlord doesn't have to use the deposit to offset rent arrears.

They're perfectly entitled to go to court for the full arrears and hand the tenant back their deposit after possession has been obtained.

modboy118

Thank you for the information on the Section 8.

We cannot afford it as it is £1200. It is also a 1 bed flat so there is no option of getting a lodger (plus sub-letting would be breaching the agreement).

I am well aware of what the deposit is for, and that I have signed a 12month contract. I have been a good tenant for 10 years in various houses, and even accepted I might have to pay the re-letting fees, but the £1500 compensation is impossible for us.

jjlandlord

How much is the rent?

moromir wrote: »

I think what the previous poster is getting at is that the landlord doesn't have to use the deposit to offset rent arrears.

A landlord never has to use the deposit, be it for rent or damages.
However it would seem daft to hold a deposit and not to use it.

modboy118

My point is, I don't want to be in rent arrears. I want to move out in 8 weeks, show prospective new tenants around, keep the place tidy etc, and pay my rent that is due. I just can't pay £1500 'compensation'.

It's interesting how landlords often moan on these boards about the hassle of getting rid of bad tenants, the costs involved etc. But when, as a tenant, you try and do right by the landlord and just ask them to be a little bit reasonable, they make things impossible.

jjlandlord

Unfortunately, what might a reasonable course of action by the landlord is not the same as what is his legal right and your legal duty.

So, how much is the rent?

modboy118

Rent is £1200 a month. But not sure why this is relevent. The fact is we cannot afford to remain in the property, and we now can't afford to leave.

Missme

Why not use the 8 weeks to find a suitable replacement tenant including paying for referencing and advertising? Might mitigate some of the costs.

modboy118

Missme wrote: »

Why not use the 8 weeks to find a suitable replacement tenant including paying for referencing and advertising? Might mitigate some of the costs.

I have suggested we will find new tenants and then introduce them to the managing agent but he is not open to negogiation. It is a very nice flat in a sort after area in London so I'm confident I could find replacement in a week or two. On this note, I might just end up sub-letting for 6 months and move out. Again a breach of the tenancy but I'm running out of options.

I think part of the problem is that he keeps the property at arms length and just asks the estate agents for advice, and they are obviously only interested in money and how much they can get from people.