"Forced" to surrender tenancy earlier

jpmnteiro

Hey all,

A quick question regarding tenancy.

We have given our landlord (through the EA) our two months notice. We have to leave the property by 13 of May.

The EA in the meantime found a prospective tenant who could only move if we could move out by two weeks before our term date. The EA enquired us about it and we said, in an informal conversation, that maybe we could do it given that some other external factors aligned.

Long story short, external factors did not align (i.e, completion yet to happen) and we have/want to carry the tenancy to it's term.

Now onto the problem, the EA has the other tenant ready to move in two weeks before we surrender (we found out because lovely [Service Provider] called me yesterday saying there was a request for a new contract and if they could start cancelling our contract.

Moral factors aside (I do feel genuinely bad for the other tenant), does the EA/LL have any legal standing to makes us leave before our due date (13 of May, which was agreed by both parties when notice was served). Bear in mind that there's nothing verbal or written from us stating that yes, we'd leave two weeks before 13 of May.

Your input is much appreciated.

JM

Edit:

I already notified the EA of the situation but they haven't replied yet, hence my post, trying to preemptively prepare for any argument they may throw our way.

marksoton

Nope..........

theartfullodger

Of course you can't for "forced" to surrender early.

Who has given what notice (eg you gave notice to quit to landlord) to whom, please?

There is nothing to stop to asking agent who incentive (£xxxxx...) they are offering for you to leave early (if you have anywhere else to go to..). And if the offer isn't satisfactory (I'd want at least a grand) then politely & calmly decline his kind proposal.

Just because some clown of an agent has signed up a new tenant is agent's problem. Just as if landlord sells the place & neglected to evict you early does not mean your tenancy ended nor does not require you to leave: Even if new tenant/owner is outside with huge removal van, screaming husband & 3 bonkers kids.

Until a tenancy is lawfully ended it is your home, your property: You can exclude who you wish unless landlord has court order saying otherwise.

Artful (Landlord, since 2000)

jpmnteiro

theartfullodger wrote: »

Of course you can't for "forced" to surrender early.

Who has given what notice (eg you gave notice to quit to landlord) to whom, please?

There is nothing to stop to asking agent who incentive (£xxxxx...) they are offering for you to leave early (if you have anywhere else to go to..). And if the offer isn't satisfactory (I'd want at least a grand) then politely & calmly decline his kind proposal.

Just because some clown of an agent has signed up a new tenant is agent's problem. Just as if landlord sells the place & neglected to evict you early does not mean your tenancy ended nor does not require you to leave: Even if new tenant/owner is outside with huge removal van, screaming husband & 3 bonkers kids.

Until a tenancy is lawfully ended it is your home, your property: You can exclude who you wish unless landlord has court order saying otherwise.

Artful (Landlord, since 2000)

I've given my notice to quit to the EA (they are acting on behalf of the LL as stated in the tenancy agreement).

The incentive, they said, was to be half month's rent (£500ish) as we'd be surrendering two weeks before the end of the contract. I rather pay that half month of rent than having to move all of our stuff around to god knows where (no family close by, would have to use storage units and b&b's for accommodation).

Thank

marksoton

jpmnteiro wrote: »

The incentive, they said, was to be half month's rent as we'd be surrendering two weeks before the end of the contract.

:rotfl:

That's no incentive! If you did it you'd have no beneficial use of the property so why should you pay those weeks!

This lot sound like an absolute load of clowns.

Either they up the offer to make it worth your while or you stay put.

ViolaLass

So their compensation suggestion was that you wouldn't have to pay the rent that you wouldn't have to pay anyway (because the new tenant would have to pay it). Gosh, how generous.

jpmnteiro

@ViolaLass and @marksoton I guess that's what you get for being a bit naive, but I shall change my ways.

Anyway, a bit more at ease now, now if only completion would come through *sigh* but that's for another post.

Thanks for the input all, it's appreciated.

marksoton

jpmnteiro wrote: »

@ViolaLass and @marksoton I guess that's what you get for being a bit naive, but I shall change my ways.

Anyway, a bit more at ease now, now if only completion would come through *sigh* but that's for another post.

Thanks for the input all, it's appreciated.

Oh i wasn't making a comment on you. Simply the brass neck of the agent for making out they were doing you a favour...

theartfullodger

I join you in hoping completion happens on time: If not (Distress for Rent Act 1737 s18..) you'd be liable for double rent. Unlikely but possible.

I'd not communicate any further with agent & let them stew in their mess...

Cakeguts

You don't have to surrender early. But you do have to move out when your contract ends even if you haven't completed on the new house.

theartfullodger

Cakeguts wrote: »

You don't have to surrender early. But you do have to move out when your contract ends even if you haven't completed on the new house.

Not unless the landlord gets a possession order & bailiffs are walking up the front path.


Still covered by PfE Act 1977