Surrender tenancy fees - possible next steps???

dimbo61

You have to stay in the property and pay the rent for the next 6 months.
You do not have to give notice just leave at the end of the tenancy and DO NOT let the Landlord or Letting agents do any viewings.
Make sure you take lots of dated photos when you leave and read the meters+ contact the utilities.
Contact the council tax NOW and inform them you are living in the property on your own. 75% Council Tax :-)
Your EX needs to pay half the rent for the next 6 months.
Did the LL/LA do a proper Inventory which you both signed?
Read your tenancy agreement VERY VERY carefully!
Anything about professional cleaners or oven cleaning?
Any stupid or unfair terms and conditions?
Has the deposit been registered within 30 days and have you been given the details and prescribed information?


So you have a choice pay the LL/LA £2000 and move in 3 weeks or stay until the end of the contract.
Good Luck

[Deleted User]

I am afraid that this is a tough situation and may require a tough solution.

Can you two manage to live together for six months? Remember that both of you are liable for the rent or surrender fees. It might help you two reach a compromise. Lots of people, even married people do this because they can't afford to move..,sometimes even for years. Its not ideal, but I'd suggest its less hassle than having a debt of thousands chasing you for the next 6 or 7 years and the impact that will have on your life. Imagine if five or six years down the line you have a wonderful relationship, need a mortgage to buy a house but can't get one because of not being able to stick it out for six months? It will be difficult but the benefits for both of you getting through the next six months are clear.

Can one of the rooms be converted to a bedroom/lounge for six months? I am sure you lived in worse as a single person, I know I did!

You will both certainly come out of this situation with a determination to not have it happen again. I hope you are able to find a way.

Argghhh

get a lodger - let them have the bedroom - you have the couch for 6 months, won't kill you - better than getting screwed or live with the ex (as 2 seperate rooms above) for 6 months - like others say the half rent is their problem as much as the other half is yours... if he earns all the money to pay the rent, ask him to pay and you will pay him back over a period of time

martindow

The agent is the LL's representative so the LL can instruct them. I suspect that the agents see this as an opportunity to charge everyone fees.

As he appears sympathetic I would go back to the LL to see if this is coming from him. It could well be that the agent is making it up as they go.

pinkshoes

Getting a lodger is not subletting! Do you have a lounge you can use as a bedroom?

Could one of you sleep on the sofa for 6 months?

Could one of you live with parents rent free for 6 months?

Pixie5740

The bottom line is that you've signed a 12 month contract and you're trying to end it 6 months early. I'm sure you wouldn't be impressed if the LL tried to do the same to you.

As you're the one trying to break the contract then you're at the mercy of the LL/LA. It's quite common for tenants trying to surrender their tenancy early to be asked to pay for re-letting fees. The £1,500 compensation isn't quite as usual especially as it seems to be a number plucked out of thin air as it doesn't equal 1 months rent.

If you stop paying rent then you won't necessarily be issued a Section 8 after you've not paid 1 months rent. This could drag on for months as the LL can't end the tenancy, only the tenants or a court can do that so the LL would have to take you to court. This could all end up costing you a lot more than £1,500. If you can't pay and your deposit doesn't cover all the rent owed plus any damage to the property you may have caused, then the LL can take you to small claims court and if you and your ex-partner (as you're both responsible for paying the rent as joint tenants) then you could have a CCJ awarded against you.

I think you should contact your LL and explain that you'll pay the re-letting fees of circa £500 but you can't afford £1,500 compensation. Try to negotiate either not paying compensation or paying a lower amount of compensation, or try and borrow the £1,500 from somewhere if he isn't open to negotiation.

Kynthia

The landlord is entitled to rent until the fixed term ends. So in theory they can sue you for all of this rather than issue you a s8 and only charge you rent until you leave. However whether they would actually do so is unknown.


Your options are:
Pay rent until the end of the fixed term, preferably living there rather than risking the property being empty. Subletting is an option, although against the terms of your contract. It is risky as you are relying on your sub-tenant not damaging the place and leaving when you want them to. Also due to the contract you could be sued for any losses the landlord incurs due to this breach.


Give notice and move out, paying rent up until you go. The landlord could sue you, but will they? They can easily use your deposit for any damage and rent, so will they bother taking you to court for more? They might.


Negotiate with the landlord. If you can contact them direct then all the better. Explain how you would be very accommodating for viewings, pay their letting fees as well as rent, and leave the property spotless, so they wouldn't have a void at all. Say if you are forced to stay until the end of the fixed term then you don't have to allow viewings so they could be left with a void which will cost them about a month's rent. Check and see if your deposit was protected correctly as this could give you leverage, ie you won't sue for lack of protection.