agent gave keys to new tenant but still charge us rent

meercatsunited

Hi
we asked to be released from a 6 month conttract and agreed we would be responsible for the bills and rent until a new tenant was found and signed.

The new tenant wanted to decorate first before signing for the tenancy and as we had already moved out they gave them the keys and we only discovered this by accident when we went to take the wheely bin in.

The tenant has also moved a few items of furniture in.

We are having to pay the landlords costs of finding a new tenant and that is £420.

We would be owed 4 days rent refund and are having to pay council tax.

As I understand it if we are still the tenants as we have paid rent and the new tenant has not yet signed the agreement shouldnt they have asked us for permission to enter the property.

Does the agents actions absolve us of the previous agreement to pay rent and bills? is possession 9 tenths of the law?

Pixie5740

You're not the tenants any more though because you agreed to surrender the tenancy.

I do think it was foolish for the LL to give keys to someone who hadn't signed a TA yet so perhaps this new person has in fact signed a TA after all.

If this new person is now living there then I'd say that they are now responsible for paying council tax and utilities for the property, not you.

meercatsunited

thanks for the reply.

We did agree to surrender the contract but that would not be completed until a new tenant has signed. They are doing that and moving in a week later after they have finished decorating.

And we did agree we were responsible for the bills including rent until a new tenant was signed. but we never agreed to the tenant having any access during the time we are responsible for it and need to know how we stand.

Pixie5740

Are you absolutely positive that this new tenant has not signed a TA. It would seem ludicrous for aLL to hand keys over to someone so that they can start decorating the place before they are actually a T.

What do you have in writing about the surrender?

meercatsunited

The agent told us on the phone that they had wanted to sign the new tenants this week but the tenant had something they had to do before that time.

the agent suggested last week that we give them the keys at the time of the outgoing inspection to save us from having to travel to their offices the following week which is about 10 miles away.

just that we will be responsible for all bills until a new tenant has been found and signed.

Guest101

What is the exact wording of the surrender document?

The LL / LA could be over a barrel if there isn't one!

meercatsunited

"further to our telephone conversation this morning, i am writing to confirm the matters discussed following my conversation with the landlord.

The landlord will release you from the fixed 6 months term as long as the following occurs.
The rent is paid until new tenants sign.
All utilities remain your resposibility until this point including council tax.
You pay the relt fees for the landlord to prevent further costs for them being incurred due to you wish to depart early (£350pluvat)

please let me know if you are happy for us to proceed with this instruction."

This letter actually arrived 2 days after they started to seek a new tenant and came from the letting manager.

custardy

meercatsunited wrote: »

"further to our telephone conversation this morning, i am writing to confirm the matters discussed following my conversation with the landlord.

The landlord will release you from the fixed 6 months term as long as the following occurs.
The rent is paid until new tenants sign.
All utilities remain your resposibility until this point including council tax.
You pay the relt fees for the landlord to prevent further costs for them being incurred due to you wish to depart early (£350pluvat)

please let me know if you are happy for us to proceed with this instruction."

This letter actually arrived 2 days after they started to seek a new tenant and came from the letting manager.

Well here's an issue.
Is the person decorating using electricity/water?
Which you are paying for

Guest101

meercatsunited wrote: »

"further to our telephone conversation this morning, i am writing to confirm the matters discussed following my conversation with the landlord.

The landlord will release you from the fixed 6 months term as long as the following occurs.
The rent is paid until new tenants sign.
All utilities remain your resposibility until this point including council tax.
You pay the relt fees for the landlord to prevent further costs for them being incurred due to you wish to depart early (£350pluvat)

please let me know if you are happy for us to proceed with this instruction."

This letter actually arrived 2 days after they started to seek a new tenant and came from the letting manager.

And you signed and returned a copy to them?

meercatsunited

yes they are using the utilities and we are liable.

No we did not sign and return a copy to them they did not ask for it and we worried when we had not received it on the day after they sent it but they did send it by 2nd class post, we still have the envelope.

nidO

If you want to take the strongarm approach, you could tell the letting agent that you notice they've handed over your keys to another party while you still have a tenancy on the property (so are preventing you from accessing it) and kindly request that they refund your rent backdated to the day the keys were handed to the new tenant and cover your costs for any utility usage they've used since then, or you'll be contacting the police regarding their illegal eviction.

They can't have it both ways - Yes, you agreed to keep the tenancy until new tenants sign and no new tenant has yet signed, but that means that until a new tenant signs, the LL/LA have given someone else access to YOUR property against your wishes and that, obviously, is a very stupid thing for them to have done.