Are these fair early surrender of tenancy fees?

jebervic

I am into only two months of a 12 month signed tenancy agreement, but I am unhappy with the property (It is a 1 bedroom purpose built flat)and want to look for somewhere else, I am unhappy for the following reasons.

1.The property has storage heating, which means when I go away for a few days I haven't got any heating for around 24 hours after getting back, not an issue at the moment but it will be in the winter.

2. The bedroom seems to be like walking into a fridge in comparison to the rest of the property, I don't know why but the drop in temperature is very noticeable and I hate going in the bedroom, there is also no heater in the bedroom.

3. The hot water pressure hasn't worked since I moved into the property, i.e. it seriously would take two hours to fill a bath, I think they might be fixing this issue soon though (needs a water pump) but still waiting for this to be fixed.

I wrote to the letting agents and asked if it would be possible to surrender the tenancy early (tenancy ends on 26th March) I offered to remain in the property until the 5 or 6th month, so leave the property on either 25th August or 26th September (whichever suits them best) or wait slightly longer if required to avoid rent voids, I told them I dread spending the winter in this flat and agreed that it might not be an issue to someone more robust than my self.

See below for their reply, does anyone feel this is fair or is it excessive?

jebervic

I have been copied in on your emails to xxxxxxx and have agreement from the Landlords to offer you an early surrender subject to the following;



Your Landlords have confirmed agreement to an early surrender SUBJECT TO COSTS.

Whilst this is the most cost effective way for you to leave the property early subject to us securing a replacement tenant, there are still cost implications;



As a result of an early release from your legally binding contract, the Landlord should not incur and costs. Therefore, you are expected to cover these costs which include the inventory, check in, check out, Landlord agreement costs and tenant finding fee. The tenant finding fee equates to the minimum xxxxxx lettings fee that is due for payment by the Landlord up until the earliest possible end date of the fixed term of your tenancy.




Please be mindful that our fees are date sensitive so until a tenant has been found and contracts raised we cannot offer exact figures. This is also the case for dilapidations (if any) as these will not be known until check out.



However, a rough estimate is as follows;



xxxxxxxx marketing costs £174 – to cover local paper advertising

The Landlords cost of a new Tenancy Agreement £240

The Landlords cost of an inventory update and Tenancy Check In £132.00

The Landlords cost of registering the next deposit (if an AST) £30.00

Short fall in rent (if any) – This is the difference between a new rent and your current rent £TBC – please be mindful this would only be payable up to 29 March 2016 although we would be looking for the full rental value in any event.

xxxxxxx loss of tenant finding fee Pro Rata 6% plus VAT of £695 rent payable from the start of the new tenancy up to and including 29 March 2016 Circa £350.28



Therefore there are additional costs to incur of £926.28 but an overall saving of rent payment up until your earliest end of tenancy date of £4865





Please also be mindful that you are and would in any event, be responsible for your own;

Check Out cost £84.00

Dilapidations (To be agreed post check out)

Professional clean





As this property is managed you both need to agree the above with xxxxxxx, in order for this early surrender to progress.

If it is agreed a formal first letter will be raised requiring the signatures and return from both tenants. Once we are in receipt of cleared funds for the marketing cost we will place the property live on the market on 30 June 2015.



Please note that as detailed in the first letter, the tenant will be responsible up until the eve of the new tenancy start date as this is when we will have passed references, cleared funds and vacant possession in order to execute the contracts thus allowing us to offer you a Deed of Surrender.



Please confirm acceptance of this arrangement in order for us to progress this further.

G_M

jebervic wrote: »

I am into only two months of a 12 month signed tenancy agreement, but I am unhappy with the property (It is a 1 bedroom purpose built flat)and want to look for somewhere else, I am unhappy for the following reasons.

1.The property has storage heating, which means when I go away for a few days I haven't got any heating for around 24 hours after getting back, not an issue at the moment but it will be in the winter.
this must have been obvious when you viewed

2. The bedroom seems to be like walking into a fridge in comparison to the rest of the property, I don't know why but the drop in temperature is very noticeable and I hate going in the bedroom, there is also no heater in the bedroom.
again - surely you noticed lack of heater in the bedroom? buy a heater

3. The hot water pressure hasn't worked since I moved into the property, i.e. it seriously would take two hours to fill a bath, I think they might be fixing this issue soon though (needs a water pump) but still waiting for this to be fixed.
Glad they are fixing it. As always, report problems that need fixing in writing to the correct address

I wrote to the letting agents and asked if it would be possible to surrender the tenancy early (tenancy ends on 26th March) I offered to remain in the property until the 5 or 6th month, so leave the property on either 25th August or 26th September (whichever suits them best) or wait slightly longer if required to avoid rent voids, I told them I dread spending the winter in this flat and agreed that it might not be an issue to someone more robust than my self.

See below for their reply, does anyone feel this is fair or is it excessive?

You have not quoted their reply, however, the landlord is under no obligation to agree to Early surrender, so can ask for whatever terms he wants - you can then either agree those terms, stay till the end of your contract, or try to negotiate.

jebervic

To be honest I didn't notice they were storage heaters, I thought they were convector heaters, when I viewed the property it was empty so didn't notice just how cold the bedroom was.

Your comments regarding they can ask what they like, I am aware of that, but I was seeking opinions on whether they were fair and reasonable? personally I think they are very excessive and as I have been a landlord my self in the past I would rather have a happy tenant than hold one to full term that might cause me headaches.

Nobbie1967

Seems pretty reasonable to me, they're just asking for the extra costs incurred over and above what they would be if you stayed the full 12 months. Why should the LL be out of pocket because you've got cold feet about the flat. Why not just buy some plug in convector heaters for the winter and put them on timers?

jebervic

Nobbie1967 wrote: »

Seems pretty reasonable to me, they're just asking for the extra costs incurred over and above what they would be if you stayed the full 12 months. Why should the LL be out of pocket because you've got cold feet about the flat. Why not just buy some plug in convector heaters for the winter and put them on timers?

Lol, £240 for an agreement that will be paid for by the new tenants AND is a rip off cost in the first place, all they do is change the name to a pre drafted contract
£30 deposit protection- costs nothing
£132 inventory, this will be paid for by the new tenants
£350 rent finders fee, they will claim this back off new tenants


£84 check out fees and dilapidations- Fair enough

mrginge

Refuse to pay it then if you think its a rip off.

Rambosmum

Take it or leave it. Whether it is fair or not is one of perspective. It is certainly cheaper than paying the remaining rent.

Nobbie1967

jebervic wrote: »

Lol, £240 for an agreement that will be paid for by the new tenants AND is a rip off cost in the first place, all they do is change the name to a pre drafted contract
£30 deposit protection- costs nothing
£132 inventory, this will be paid for by the new tenants
£350 rent finders fee, they will claim this back off new tenants


£84 check out fees and dilapidations- Fair enough

Those are fees they will charge the LL, they are certainly high, but that's not the LL's fault, that's the agents being greedy and charging what they think they can get away with. The LL will have been charged all the one off fees at the start of the tenancy in the expectation of at least 12 months rent. They will now be looking at paying these all again after only 6 months. Why should they incur extra costs because you've changed your mind. At the end of the day you've got little choice as your committed to a 12 month contract unless the LL agrees to the early surrender, which I doubt they'll do unless you pay there extra costs.

Red-Squirrel_2

A cheap plug in heater would go a long way to solving the problems with this flat, and the small amount in extra energy used to run it would be much less than the costs of early surrender.

You can move it from room to room with you, also get a couple of hot water bottles and some good thermal socks and undies. Then if the water pressure is sorted you should be fine.

jebervic

To be honest I am only asking if the fees being requested are reasonable? not a solution for me to stay, i.e. smart !!!! comments about thermal socks etc and plug in heaters, if need be I can sit it out if I have too.

My point was that the fees requested weren't needed as they would be recovered by the incoming tenants.