Unfair Rental Contract?

Firefly1710

Im not sure if this is in the right place or not but here is the issue...

We rent a property thorough a large rental agency and have done so for the last 5.5 years. 1.5 years ago at the time to renew the contract they had bought in a contract charge so to avoid having to pay this yearly we signed up for 2.

Circumstances have changed and we have now bought a place of our own and wish to move out mid-Nov. We gave notice at the beginning of Sept but were made aware that there is no get out clause for us in our contract unless we pay reasonable re-rental costs and get LL approval. We have paid for re-rental and LL agreed to re-rent on this basis but that we are to pay rent until someone moves in.

The LL has had an offer from another family who wanted to move in around the same we wish to move out for the same amount of rent per month as we are paying. He has rejected this as he wants more.

Is this fair, surely if we have paid for it to be re-rented and an offer has been made that would cover the next 6 months at the same rate as we are paying he should have to accept it?

Anyone have any advise please?

Pixie5740

It sucks for you but it is completely fair. You are contractually obliged to continue paying rent until at least the end of your fixed term. You want to surrender the tenancy early and the LL has agreed to this with certain conditions. The LL doesn't have to take any old tenant so you can get out of your contract early.

TrickyDicky101

As I understand it, it is at his discretion whether to accept another tenant. Unfortunately, you signed the 2 year tenancy which binds you to pay rent for the 2 years (in the absence of any break clause).

anselld

It is fair that you are obliged to pay rent to the end of the agreed contract. Anything else is by negotiation and up to the LL to accept or not. Hardly surprising that after 5.5 years the LL expects to set rent at current market value.

jumperabv3

I'm not getting into whether it's legal/fair/okay to do so or not ... but let me ask you something:

How much more does he want per month? Let's say he wants 100 GBP more, then for extra 6 months it's 600 GBP ... so offer him 400 GBP in cash in addition and this way you settle the problem without getting into too many issues ... I'm thinking if you have an option to leave now, another family wants to move in, just take advantage of it, try to minimize the "damage" (of paying more) as much as possible and then get into your new place and enjoy the freedom of not having to pay rent anymore.

jamie11

I think all tenants and landlords should have something stamped on the foreheads like
' YOU CAN ALWAYS GO TO A PERIODIC TENANCY WITHOUT PAYING MORE FEES TO THE LETTING AGENT'

It's iniquitous and unfair to both landlords and tenants, and I know I've said it twice.

CKhalvashi

jamie11 wrote: »

I think all tenants and landlords should have something stamped on the foreheads like
' YOU CAN ALWAYS GO TO A PERIODIC TENANCY WITHOUT PAYING MORE FEES TO THE LETTING AGENT'

It's iniquitous and unfair to both landlords and tenants, and I know I've said it twice.

The problem is that many agents will serve a S21 at the beginning of the tenancy, then threaten to enforce that if more fees aren't paid.

IMO, tenancy fees should be banned and should be only on commission, but it's unlikely that it will happen for some time to come.

theartfullodger

Expecting Capitalism & letting agents to be fair will lead to disappointment, tears & financial losses.

You chose (you did not have to..) to sign a new contract & pay a fee (you did not have to). You chose to ask for a 2 year deal to reduce the annual fee cost, whilst that contract committed you to pay 2 years rent, without you requiring a break clause.

Sincerely hope you better researched your commitments on you house purchase & mortgage contracts.

Pixie5740

CKhalvashi wrote: »

The problem is that many agents will serve a S21 at the beginning of the tenancy, then threaten to enforce that if more fees aren't paid.

IMO, tenancy fees should be banned and should be only on commission, but it's unlikely that it will happen for some time to come.

Letting fees are already unlawful in Scotland and Wales is about to follow suit. Shelter England are current,y campaigning to ban them in England too. They've got a petition going if you're interested in signing it.

CKhalvashi

Pixie5740 wrote: »

Letting fees are already unlawful in Scotland and Wales is about to follow suit. Shelter England are current,y campaigning to ban them in England too. They've got a petition going if you're interested in signing it.

I already have