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Leaving Fixed Term Early

murrays2
murrays2 Posts: 133 Forumite
Ninth Anniversary 10 Posts Name Dropper Combo Breaker
in House buying, renting & selling
Due to several issues with my landlord and letting agency we have both agreed that we will terminate the agreement.

I have it in writing via email from the letting agency stating the landlord is acceptable to me moving out by 25th November. I have to pay rent up until then. If they find someone else he says he will refund the deposit. If not it is forfeited.

Several electrical faults with the property keeping me up at night.

From a legal perspective is this enough to cover me? I plan on paying the rent but I am moving out today and handing the keys back on Thursday.

Comments

  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    I'm confused why you're forfeiting your deposit? I'd just reclaim it from the scheme.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 5 November 2019 at 4:07PM
    Comms69 wrote: »
    I'm confused why you're forfeiting your deposit? I'd just reclaim it from the scheme.
    If it is a condition of the landlord's agreement to an Early Surrender it is allowable. The tenant can,of course, decline the condition and remain till the tenancy ends.

    The LL will have an unexpected void if he cannot find a replacement tenant.

    See also Tenant Fees Act here. Page 71.
    From a legal perspective is this enough to cover me? I plan on paying the rent but I am moving out today and handing the keys back on Thursday.
    Ideally there should be a Deed of Surrender. Rememer that moving out and returning the keys does not end the tenancy. As well as the rent, you remain liable for utilities and council tax till 25th.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    G_M wrote: »
    If it is a condition of the landlord's agreement to an Early Surrender it is allowable. The tenant can,of course, decline the condition and remain till the tenancy ends.

    The LL will have an unexpected void if he cannot find a replacement tenant.

    See also Tenant Fees Act here. Page 71.
    Ideally there should be a Deed of Surrender. Rememer that moving out and returning the keys does not end the tenancy. As well as the rent, you remain liable for utilities and council tax till 25th.



    I agree it's allowed, just I wouldn't have agreed.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Comms69 wrote: »
    I agree it's allowed, just I wouldn't have agreed.
    That's the tenant's choice. You then remain liable till the end of the fixed term (which we don't know is 1 month later or 9 months later).
This discussion has been closed.
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