Shorthold tenancy termination

Fezzywig

I am currently negotiating with a lettings agent to try and surrender my tenancy as I have been offered a council tenancy. I have been on a 12 month tenancy for the past 4 years. I am a single parent, work part time, studying at college, claim family tax credit and a small amount of housing benefit. I have no rent arrears but found it increasingly difficult to manage the payments, hence my wish to move.

The agent has stated if I pay the following, 5 months management fees £495.00 , new tenant finder fee £358.80 plus any rent up until the agreed date. Fifteen days rent at £271. 23.

I dont have this kind of money, but would see if I could get a loan. I have received a message today stating they want to add another £175.00, That they forgot to mention. This being for a deposit replacement policy, which I was due to pay on 27.9.2014. This is a twelve month policy instead of a bond. I have never been given copies of these policies. I was made redundant in september and paid all rent due but stated I couldnt pay the policy amount. The lettings agent advised me yesturday that they took the amount from my rent to cover the policy. I had no idea they had done this. I do not have a rent book or receive statements regarding my payments. I really do not know what to do, can any one help?

Pixie5740

Are you in England or Wales?

When did you last sign a tenancy agreement?

slopemaster

I don't see why you should be paying the agency fees, when they will presumably also get these from the LL when the property is re-let.
Would recommend contacting the landlord direct to negotiate.

Fezzywig

I live in England. Last signed agreement in march 2014. I do not have the landlords contact details to negotiate with him directly.

Pixie5740

You can ask the LA to supply the LL's contact details which they must supply within 21 days.

At the moment your alternative is to pay 5 months rent as that is what you are contractually obligated to pay. The LL doesn't have to let you surrender your tenancy early. Are the fees you are being asked to pay more than, or less than 5 months worth of rent?

thesaint

Who is holding your deposit?

fairy_lights

Fezzywig wrote: »

I have received a message today stating they want to add another £175.00, That they forgot to mention. This being for a deposit replacement policy, which I was due to pay on 27.9.2014. This is a twelve month policy instead of a bond. I have never been given copies of these policies.

Do you man that you didn't pay a deposit, but have to pay £175 a year instead? How does that work?

Fezzywig

I paid a£175 yearly for deposit replacement policy, no bond. I do not have a copy of this policy but have requested one and been refused.

thesaint

Fezzywig wrote: »

I paid a£175 yearly for deposit replacement policy, no bond. I do not have a copy of this policy but have requested one and been refused.

Leave the property, and tell them to "F" Off.
Pay nothing.

pmlindyloo

First of all look and see if there is a break clause in your tenancy agreement.

Secondly look and see if there is any mention of fees to be paid if you leave early.

If there is no break clause then you are liable for the whole of the rent until the end of the contract unless your LL/LA re lets it.

However, it is usual to ask just for the costs of re letting the property.

Charging you the management fees is unusual unless it is written in the contract and even then it may be an unfair clause. Certainly charging you and the landlord this management fee would be unfair. Ditto charging the deposit replacement policy once you have left the property.

So, look at your contract for a break clause, and check what it says about fees if you leave early. Also check on the LA's website about any fees due.

Then telephone Shelter and ask their advice.

Plus speak to your local council. They may, at the very least, give you HB on two properties for a short overlapping period. Also, ask about a Discretionary Housing Payment and whether this might be made for any outstanding payments owed on your current property. Many councils are using DHPs for a whole range of housing costs.

Were you aware that you would be getting a council property in the near future? If you were then you should have gone onto a periodic tenancy instead of going onto another fixed term. (Only saying this as the council may use this as not helping financially.)

If the offer of a council house was 'out of the blue' then it could be argued that you needed the security of a fixed term in your present property and are now 'stuck with these costs'.

Not saying that you will get any help but it is certainly worth a try if Shelter say that you are liable for all the costs for breaking your tenancy agreement.

Good luck and let us know what Shelter and the council say.

pmlindyloo

Fezzywig wrote: »

I paid a£175 yearly for deposit replacement policy, no bond. I do not have a copy of this policy but have requested one and been refused.

Sounds something like this:

http://www.martinco.com/lettings-agents/wirral-bebington/news/deposit_replacement_warranty-7843