agent gave keys to new tenant but still charge us rent

meercatsunited

thank you nidO
I have just written an email telling the agent that we know of the new tenants possession and that we are pleased the agent had set an earlier date for their contract and I will let the relevant utility companies know tomorrow morning and so relieving ourselves of the payment of any future utility bills, although we know the tenant has not signed.

We have also taken photographs through the windows of what the tenant has moved into the property.

G_M

Hmmm.... I suspect you may be cutting off your nose to spite your face.

Let's suppose that either
a) you now insist the new 'tenants' are told to nolonger access the property or
b) you had forbidden their acess from the outset

so, since the new 'tenants' want to do up the property before starting a tenancy, there is a good chance these 'tenants' would never sign (or their signing would be furthr delayed).

Result? You are left paying rent for a longer period, or even up to the 6 month point!

By letting the tenants in to redecorate, the landlord/agent is facilitating the signing of a new tenancy, and thus reducing your liability. They are actually doing you a favour!

You have signed a contract (6 months) which you wish to break. The LL is agreeing, and helping reduce your costs, and you are griping over 4 days rent........

Pixie5740

I'd be interested to know how the check-out will work since you've moved out and someone else has now moved in and started decorating. How will that affect your deposit?

meercatsunited

G_M
its not just the 4 days rent there is also all utilities.

AND they were charging us several more days on top of the 4 already paid because our monthly payment fell short of the signing date for the new tenants. So it would be about 8-9 days rent payable when someone else has possession.

BUT it is the way it has been done. According to our contract we are supposed to be asked if access can be allowed and they are supposed to give us 24 hours notice.

If they said no chance and you have got to pay for the whole of the 6 months then so be it. It would just be left empty and checked on once a month.

meercatsunited

Pixie5740
When we handed the keys over the property was checked by one of the staff who ok'd it, besides we have taken loads of photgraphs which are dated.

meercatsunited

When we took possession we found many more faults than they had listed and provided them with full details, they said they would update their records and send it to us-we never received this nor did we ever received a copy of the contract showing the landlords or their signature, we only ever had the basic copy they provide before a contract is signed for.

stockton_2

I was in a similar situation to you and my Lettings Agency were meticulous in making sure that they secured my permission before allowing any viewings or access to the property. The agent was wrong not to have consulted you and got your agreement to the new tenants moving in and using the utilities that you were responsible for.

However, I think that GM is right in his assessment of the "big picture". You do not say how long your tenancy has to run, but to only over-pay by less than a week is a very good result for you and you would be very foolish to risk the surrender collapsing.

You say you would simply have continued to pay rent and checked the property once a month. It is not that simple. You will have worried about the security of the property and have been responsible for any damage that may have arisen. Fire, theft, malicious damage or squatters for instance. You are lucky it is not winter as you would have been worrying about frozen pipes.

So far as being absolved from responsibility for rent and other bills you should be aware that the council would have been after you for every last penny they could get, for as long as they could get it. You do not escape easily from a fixed term contract. You should really be thanking your lucky stars that you have got off this easy.

Guest101

Think the agents are playing a risky game.

If the new tenants sign, but you haven't surrendered, what then??

Marktheshark

You should have taken final meter readings, called the utility firms and informed them you had moved out and given them the readings.
What the agent says is bunkem, rubbish.
The contractual agreements of private parties do not override the utilities legalisation.
Nobody can make you pay utilities for other people to use.
Same with the council tax, inform them the day you moved out.

franklee

Have you and the letting agent done the checkout inspection yet? If not then given there is a new person in will you be liable for any damage they do? Conversely how will the agent prove any damage was done by you and not the new person. What if they don't lock up properly and the property is burgled. Plus your insurance probably won't cover anything done by a key holder.

If your tenancy is till ingoing then the agent should not have let the new person in without your permission - as you are still responsible for the property. If your tenancy is over then they can let anyone in but you should not still be paying.

If someone has been given keys and moved some of their property in without your agreement then I'd suggest your tenancy is over. Establish what date than happened and write to the agent detailing the tenancy end. Collect and keep any evidence you can of the property being used by the new person. Inform utilities and council tax.

The new person won't be a tenant yet if he hasn't paid any rent. But I do not see that's your problem as he could move in and not pay rent for months. Also once he's in why would he bother to sign the tenancy agreement he can have a tenancy with nothing signed, all he has to do is move in and pay rent.