Estate Agent won't allow us to surrender tenancy early?

atinybrit

I handed in the notice for my flat start of this month as per my tenancy agreement, and Letting Agent has confirmed that tenancy end date is beginning of December. They agreed that if they could find a new tenant who would move in sooner (mid Nov) we could end our tenancy earlier, as we have just exchanged contracts on a house and don't want to have to pay for both or (my larger concern) have to retain the flat for a month and a bit after we've moved.

I get my keys for my house in less than two weeks. LAs have found new tenants who can't move in sooner than start of December (although I honestly have doubts whether they made it clear it was available sooner). I called and the letting's manager said they 'wouldn't even voice it to my landlord' because it is 'out of the question'.

I am not asking to not pay for the flat - I explained fully that we were happy to pay the rent up until the end of our tenancy as obviously required but we're moving a good 45 minutes away and would like to hand keys back to the letting agents early and check out.

I just want to be shot of the place. While it has been a means to an end, our neighbours are causing us no end of grief and stress, now the boiler has malfunctioned again and we periodically have no hot water or heating but they're not rushing to repair it despite my complaints. I have serious suspicions the letting agents have allowed themselves in to the property on several occasions while we're at work for viewings and spot checks.

Am I being unreasonable to expect the letting agents to at least ask my landlord? If LL says no, then that's fine by me, as to me LL is the final say. But she's been very accommodating so far and I don't think she'd be concerned seeing as we'll still be paying? I am asking to be handing the flat over early Nov, so 3 weeks early.

gettingtheresometime

Tbh I think you're getting stressed about nothing.

I'm not being dismissive but if you're paying up to the end of the tenancy this gives you breathing space to move out and do any cleaning in the flat at your leisure.

giraffe69

Don't you have an address or some other way to contact the landlord and by pass the agent?

G_M

atinybrit wrote: »

I handed in the notice for my flat start of this month as per my tenancy agreement, and Letting Agent has confirmed that tenancy end date is beginning of December.
well if your contract ends at beginning of december,you did not have o hand in notice. You could just leave on the last day.. However...

They agreed that if they could find a new tenant who would move in sooner (mid Nov) we could end our tenancy earlier, as we have just exchanged contracts on a house and don't want to have to pay for both or (my larger concern) have to retain the flat for a month and a bit after we've moved.
Entirely at the discretion of the landlord

I get my keys for my house in less than two weeks. LAs have found new tenants who can't move in sooner than start of December (although I honestly have doubts whether they made it clear it was available sooner). I called and the letting's manager said they 'wouldn't even voice it to my landlord' because it is 'out of the question'. Why not ask the LL yourself?

I am not asking to not pay for the flat - I explained fully that we were happy to pay the rent up until the end of our tenancy as obviously required but we're moving a good 45 minutes away and would like to hand keys back to the letting agents early and check out. So explain that to your LL.

I just want to be shot of the place. While it has been a means to an end, our neighbours are causing us no end of grief and stress,
i'd keep quiet about that. Do you want to put off the new tenants.....?

now the boiler has malfunctioned again
Report to the LL, in writing, at the correct address.

and we periodically have no hot water or heating but they're not rushing to repair it despite my complaints.
Have you done as above? And followed up properly?

I have serious suspicions the letting agents have allowed themselves in to the property on several occasions while we're at work for viewings and spot checks.So change the locks. Keep the old ones to replace later. You can then use the new lock when you move to your new home!

Am I being unreasonable to expect the letting agents to at least ask my landlord? If LL says no, then that's fine by me, as to me LL is the final say.
Correct. So ask him/her.

But she's been very accommodating so far and I don't think she'd be concerned seeing as we'll still be paying? I am asking to be handing the flat over early Nov, so 3 weeks early.

to be honest 3 weeks here or there is nothing.Part of the costs of moving. But there's no harm in asking.


Landlord & Tenant Act 1985 section 1:

1 Disclosure of landlord’s identity.

(1)If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—

(a)any person who demands, or the last person who received, rent payable under the tenancy, or

(b)any other person for the time being acting as agent for the landlord, in relation to the tenancy,

that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.

(2)A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

atinybrit

gettingtheresometime wrote: »

Tbh I think you're getting stressed about nothing.

I'm not being dismissive but if you're paying up to the end of the tenancy this gives you breathing space to move out and do any cleaning in the flat at your leisure.

I feel like I probably am! I have never felt so stressed until I bought a house! :rotfl:

We wanted two weeks to get in cleaners and repaint the flat. After that it'll be unoccupied. I'm not allowed to leave it unoccupied for more than 28 days as per my TA. Having to go back in and check it (45 mins each way) is just a huge pain in the neck. Hence wanting to just give it back and be done with it.

I will openly it's mostly for my own benefit, but my LA's have a nasty attitude and it's just got me worked up.

atinybrit

G_M wrote: »

to be honest 3 weeks here or there is nothing.Part of the costs of moving. But there's no harm in asking.


Landlord & Tenant Act 1985 section 1:

Probably didn't phrase that first bit very well. My tenancy doesn't end until March. We have ended our notice in to bring our break clause into effect so it will end early Dec (if this makes more sense).

Have made a complaint about neighbours as they rent through the same LA. Nothing has happened, they still scream at each other into the wee hours and move their furniture at 4am. The new tenant has already paid the deposit as far as I can tell as the listing for my flat has been removed from Rightmove. It's not my issue once I've left!

I have my landlord's phone number and address, but she's not keen on me contacting her directly - that's why she has a letting agent apparently. I'm uncomfortable going crying to her because the agents are unhelpful. She's already aware of the problem with the boiler but just hasn't resolved it yet.

G_M

Well if you have a Break Clause you can activate for start of December, then it's still a matter of 3 weeks....


I imagine the BC requires 2 months notice? Hence notice served start of Oct to expire start of Dec?


But everything else in my reply stands - any additional flexibility by the LL is at his discretion. Ask?

davidmcn

atinybrit wrote: »

I'm not allowed to leave it unoccupied for more than 28 days as per my TA

What are they going to do about it? Evict you?

G_M

davidmcn wrote: »

What are they going to do about it? Evict you?

At the very least OP should inform the LL. It's likely the LL's insurance is dependant on occupation - hence the 28 day rule. If the LLknows, he can contact the insurer and ensure cover is maintained by conforming to whatever requirements they have.

HampshireH

I think I must be missing something.

OP is paying rent until December to comply with notice which activates the break clause.

OP wants to drop the keys off 3 weeks early to save coming back at the end of November but the agent are refusing.

I really cannot see the problem with the agent accepting the keys 3 weeks early of OP are still paying the rent and aren't refusing to do this

Sounds to me like they are being deliberately difficult.

G_M

HampshireH wrote: »

I think I must be missing something.

OP is paying rent until December to comply with notice which activates the break clause.

OP wants to drop the keys off 3 weeks early to save coming back at the end of November but the agent are refusing.

I really cannot see the problem with the agent accepting the keys 3 weeks early of OP are still paying the rent and aren't refusing to do this

Sounds to me like they are being deliberately difficult.

I think OP wants to not only drop off keys 3 weeks early, but also not pay rent for that period - though the OP is ambiguous....