Any way out of fixed term tenancy?

BarbaraH

I'm five months away from the end of a fixed term tenancy. I've been offered a job in a new city, starting end of January. I requested the letting agents might allow me to end early, giving them two months' notice. Basically what they've said is that I have to pay them £340 for marketing the place (upfront, with no proof of how this is spent - and this is something they'd have had to do anyway when the tenancy officially ended, so I don't see why I am liable for this); and then pay full rent, council tax, utilities etc until they find a new tenant which may not even happen before the fixed term agreement ends. This feels really inflexible and punitive and it is seriously affecting my ability to find somewhere to live near my new job. Is there anything at all I can do? Anything? I genuinely can't afford to run two homes.

SpiderLegs

Sounds perfectly reasonable to me.

Why should the landlord end up out of pocket?

theartfullodger

The landlord/agent can insist you pay full rent to the end of fixed term: Anything else is a bonus. A contract is a contract, unless there's a break clause.


Would you have been happy to let landlord boot you out early - boot on other foot?



Hope you can work something out: Good luck

diggingdude

do you suspect it will re let easily?

Yes - Pay the fees and take the risk it isn't let, potentially saving several months of rent

No - Just pay the rent and either cut back elsewhere or turn down new job

GDB2222

You are right that the agents would have to find a new tenant at the end of the five months, but often tenants stay on longer than the fixed term. In any case, this is five months early. So, the £340 is reasonable. Even so, there might be something about that in the Tenant Fees Act 2019.

I’m surprised that you are being charged for utilities. That should not be much if you’re not there. On the other hand, it’s easier to let a place that is heated, and obviously the agents can’t show people round in the dark.

If you really can’t afford to run two places, one option is to turn down the new job, or ask them to postpone until your flat is relet.

G_M

BarbaraH wrote: »

I'm five months away from the end of a fixed term tenancy.
Unless there is a 'Break Clause' you are contractually bound to this.
Is there?

..... I requested the letting agents might allow me to end early, known as an 'Early Surrender'
This is entrirely at the landlord/agent'sdiscretion, and can be on whatever terms they require and which you agree.

giving them two months' notice. Basically what they've said is that I have to pay them £340 for marketing the place
Fairly standard.

(upfront, with no proof of how this is spent - and this is something they'd have had to do anyway when the tenancy officially ended, so I don't see why I am liable for this);
Because the LL is spending it early. Every tenant switch-over costs money. If it happens 1ce a year (eg 12 month contract) that is a one-off cost.
If you, and the next tenant, each leave ealy, the LL might incur this cost 3 times in a year.
Not to mention the hassle involved and inevitable work required preparing for a new tenancy.

and then pay full rent, council tax, utilities etc until they find a new tenant

also fairly standard. The tenancy (and tenant obligations) will continue till the replacement is found.

which may not even happen before the fixed term agreement ends. Possibly.This feels really inflexible Yes and punitive No and it is seriously affecting my ability to find somewhere to live near my new job. Sadly that is of no concern of the landlord or agent. Is there anything at all I can do? Anything? I genuinely can't afford to run two homes.

Is there a 'Break Clause' in the contract? If not there are 3 options
1) accept the conditions offered by the LL to accept your Early Surrender
2) negotiate the conditions somewhat in your favour and hope to reach a compromise. Have you spoken tothe LL, or just the agent?
3) see through your contract to the end.