Ending Fixed Term Tenancy - Additional Payments

MrSmuda

Hi am in a fixed term tenancy and due to personal circumstances my partner and I asked our landlord if we could leave early (10 months in to a 24 month contract). The landlord agreed and said to just give him enough notice. We gave him 5 weeks on the 4th April, with a move out date of 12th May. The landlord agreed and said he would contact the agency to start the proceedings. My partner then moved out on the 12th April, and I stayed in the property as I hadn't found anywhere yet (since moved out on 12th May). On the 16th April the landlord then tells me that he wasn't aware that the contract was 24 months and not 12 months, and that we would be liable to pay the rent and any bills up until they get new tenants in, and also to cover any fees it would cost to get new tenants in (referencing, New contract etc).
Am I liable for all these additional costs? I can't see anything stating that in the contract itself, and it wasnt until my partner had already left that we then were told about these costs. That means we both now have to pay the rent on two properties at the same time.
Please advise on our options as we are both financially unable to manage this.
All communication between us and the landlord are written, not verbal. 
Any other details required please me know and I'll try and provide them

[Deleted User]

MrSmuda said:

Hi am in a fixed term tenancy and due to personal circumstances my partner and I asked our landlord if we could leave early (10 months in to a 24 month contract). The landlord agreed and said to just give him enough notice. We gave him 5 weeks on the 4th April, with a move out date of 12th May. The landlord agreed and said he would contact the agency to start the proceedings. My partner then moved out on the 12th April, and I stayed in the property as I hadn't found anywhere yet (since moved out on 12th May). On the 16th April the landlord then tells me that he wasn't aware that the contract was 24 months and not 12 months, and that we would be liable to pay the rent and any bills up until they get new tenants in, and also to cover any fees it would cost to get new tenants in (referencing, New contract etc).
Am I liable for all these additional costs? I can't see anything stating that in the contract itself, and it wasnt until my partner had already left that we then were told about these costs. That means we both now have to pay the rent on two properties at the same time.
Please advise on our options as we are both financially unable to manage this.
All communication between us and the landlord are written, not verbal. 
Any other details required please me know and I'll try and provide them

What exactly do you have in writing from the landlord with regards to the early surrender of your tenancy?  Is there a break clause in your tenancy agreement?

shinytop

MrSmuda said:

Hi am in a fixed term tenancy and due to personal circumstances my partner and I asked our landlord if we could leave early (10 months in to a 24 month contract). The landlord agreed and said to just give him enough notice. We gave him 5 weeks on the 4th April, with a move out date of 12th May. The landlord agreed and said he would contact the agency to start the proceedings. My partner then moved out on the 12th April, and I stayed in the property as I hadn't found anywhere yet (since moved out on 12th May). On the 16th April the landlord then tells me that he wasn't aware that the contract was 24 months and not 12 months, and that we would be liable to pay the rent and any bills up until they get new tenants in, and also to cover any fees it would cost to get new tenants in (referencing, New contract etc).
Am I liable for all these additional costs? I can't see anything stating that in the contract itself, and it wasnt until my partner had already left that we then were told about these costs. That means we both now have to pay the rent on two properties at the same time.
Please advise on our options as we are both financially unable to manage this.
All communication between us and the landlord are written, not verbal. 
Any other details required please me know and I'll try and provide them

If you signed an X month contract you would normally be liable for X months rent, or rent up to a break clause.   I am currently doing this 4 months into a 6 month tenancy; the agreement is that the agent will try and find a new tenant.  If they do, I will be let off the remaining rent minus re-marketing costs, if not I pay till the end of term.  The LL didn't have to agree but I think it's in both our interests that they did. I'm not expecting much, if any let- off.

You're also likely to be liable for utilities and council tax until the end of term or a new tenant is found. 

grumiofoundation

MrSmuda said:

Hi am in a fixed term tenancy and due to personal circumstances my partner and I asked our landlord if we could leave early (10 months in to a 24 month contract). The landlord agreed and said to just give him enough notice. We gave him 5 weeks on the 4th April, with a move out date of 12th May. The landlord agreed and said he would contact the agency to start the proceedings. My partner then moved out on the 12th April, and I stayed in the property as I hadn't found anywhere yet (since moved out on 12th May). On the 16th April the landlord then tells me that he wasn't aware that the contract was 24 months and not 12 months, and that we would be liable to pay the rent and any bills up until they get new tenants in, and also to cover any fees it would cost to get new tenants in (referencing, New contract etc).
Am I liable for all these additional costs? I can't see anything stating that in the contract itself, and it wasnt until my partner had already left that we then were told about these costs. That means we both now have to pay the rent on two properties at the same time.
Please advise on our options as we are both financially unable to manage this.
All communication between us and the landlord are written, not verbal. 
Any other details required please me know and I'll try and provide them

What was said by the landlord - if the landlord agreed to early surrender then he cant go back on this/add more costs now on top of what was agreed.

grumiofoundation

shinytop said:

MrSmuda said:

Hi am in a fixed term tenancy and due to personal circumstances my partner and I asked our landlord if we could leave early (10 months in to a 24 month contract). The landlord agreed and said to just give him enough notice. We gave him 5 weeks on the 4th April, with a move out date of 12th May. The landlord agreed and said he would contact the agency to start the proceedings. My partner then moved out on the 12th April, and I stayed in the property as I hadn't found anywhere yet (since moved out on 12th May). On the 16th April the landlord then tells me that he wasn't aware that the contract was 24 months and not 12 months, and that we would be liable to pay the rent and any bills up until they get new tenants in, and also to cover any fees it would cost to get new tenants in (referencing, New contract etc).
Am I liable for all these additional costs? I can't see anything stating that in the contract itself, and it wasnt until my partner had already left that we then were told about these costs. That means we both now have to pay the rent on two properties at the same time.
Please advise on our options as we are both financially unable to manage this.
All communication between us and the landlord are written, not verbal. 
Any other details required please me know and I'll try and provide them

If you signed an X month contract you would normally be liable for X months rent, or rent up to a break clause.   

Not if the landlord agrees to early surrender - which it appears they have. 

princeofpounds

MrSmuda - do you have any evidence the landlord consented to early release? This is really important.

Do you actually have the tenancy agreement and what are all the clauses around time; e.g. start date, end date or term, break clause etc.? This is really basic information and you (and your landlord!) should know this.

saajan_12

MrSmuda said:

.. and that we would be liable to pay the rent and any bills up until they get new tenants in, and also to cover any fees it would cost to get new tenants in (referencing, New contract etc).
Am I liable for all these additional costs? I can't see anything stating that in the contract itself

Normally, it wouldn't need to say anything about costs in the contract. The original contract was for you to pay X rent for X months, so the LL can hold you to that. Any alteration would be subject to agreement from both sides, so the LL can demand whatever payment they like. Minimally you would be liable for the LL's costs for breaching the contract by leaving early, which would be void over the void / referencing etc. 

However the question is really what exactly was said / agreed here, and does that modify the original agreement?

MrSmuda said:

The landlord agreed and said to just give him enough notice. .. My partner then moved out on the 12th April

If the LL just gave you something with nothing in return, ie a shortening of the tenancy, then that may be considered a gift which is not enforceable (vs a contract). An agreement has to be two way. Its like if someone says they'll gift you a car with no consideration from you, then that doesn't form an enforceable contract if they change their mind. To make a gift enforceable, they are often written up as deeds. 
However if the LL said something which could reasonably be seen as 'firm' and you acted / spent money on reliance of that statement, then you may be able to argue for your losses if the LL then changes their mind. 

Jumblebumble

saajan_12 said:

MrSmuda said:

.. and that we would be liable to pay the rent and any bills up until they get new tenants in, and also to cover any fees it would cost to get new tenants in (referencing, New contract etc).
Am I liable for all these additional costs? I can't see anything stating that in the contract itself

Normally, it wouldn't need to say anything about costs in the contract. The original contract was for you to pay X rent for X months, so the LL can hold you to that. Any alteration would be subject to agreement from both sides, so the LL can demand whatever payment they like. Minimally you would be liable for the LL's costs for breaching the contract by leaving early, which would be void over the void / referencing etc. 

However the question is really what exactly was said / agreed here, and does that modify the original agreement?

MrSmuda said:

The landlord agreed and said to just give him enough notice. .. My partner then moved out on the 12th April

If the LL just gave you something with nothing in return, ie a shortening of the tenancy, then that may be considered a gift which is not enforceable (vs a contract). An agreement has to be two way. Its like if someone says they'll gift you a car with no consideration from you, then that doesn't form an enforceable contract if they change their mind. To make a gift enforceable, they are often written up as deeds. 
However if the LL said something which could reasonably be seen as 'firm' and you acted / spent money on reliance of that statement, then you may be able to argue for your losses if the LL then changes their mind. 

I personally think this advice is absurd and if I were the OP I would ignore it.
The landlord is getting something in return.
He is getting  the use of  his property back !
If you have in writing that the landlord is prepared to accept early surrender then in my view  there is no reason he can change his mind and I simply don't believe any small claims court will disagree

greatcrested

saajan_12 said:

MrSmuda said:

.. and that we would be liable to pay the rent and any bills up until they get new tenants in, and also to cover any fees it would cost to get new tenants in (referencing, New contract etc).
Am I liable for all these additional costs? I can't see anything stating that in the contract itself

However the question is really what exactly was said / agreed here, and does that modify the original agreement?

MrSmuda said:

The landlord agreed and said to just give him enough notice. .. My partner then moved out on the 12th April

If the LL just gave you something with nothing in return, ie a shortening of the tenancy, then that may be considered a gift which is not enforceable (vs a contract). An agreement has to be two way. Its like if someone says they'll gift you a car with no consideration from you, then that doesn't form an enforceable contract if they change their mind. To make a gift enforceable, they are often written up as deeds. 
However if the LL said something which could reasonably be seen as 'firm' and you acted / spent money on reliance of that statement, then you may be able to argue for your losses if the LL then changes their mind. 

Your distinction between a contract and a gift is accurate. However, this is not a gift - it is a mutually agreed amendment to an existing contract. The landlord is therefore bound by what he agreed. The issues are therefore

1) what exactly was said/written ("The landlord agreed and said to just give him enough notice." is a bit vague) and did it include any mention of costs/charges?

2) if it was oral, can it be poved if the LL denies saying what you claim he said.

MrSmuda

thanks for the responses so far. I have everything documented, either through whatsapp or email.
extracts from the contract that i belive are relevant:

SPECIAL TENANCY CONDITIONS

The following clauses detail the further terms which have been individually negotiated and agreed between the Landlord and the Tenant.

1. Ending Tenancy:

Should either party wish to terminate the Tenancy, it is agreed that the Tenant must serve a minimum of 1 month’s advance written notice to be served on the Landlord. The Landlord must serve a minimum of 2 months advance written notice to be served on the Tenant. The tenancy must not expire within the first 24 Months of the Tenancy commencement date.

1.48 End of Tenancy

At the expiration or sooner termination of the Tenancy:

(i) Deliver up to the Landlord possession of the Property and the Contents in a sound and clean condition as at the beginning of the Term (reasonable wear and tear excepted) and in the rooms or places as they are listed in the Inventory.

(ii) Make good and/or pay for the repair of or replacement of any of the Contents that are broken, lost or damaged during the Term;

(iii) Clean the Property to a professional standard and all the Contents including the washing or dry cleaning (including ironing and pressing) of all bedding, linen, towels, carpets, curtains, upholstery and soft furnishings and other articles set out in the Inventory or articles substituted for the same which shall be shown by reference to the Inventory to have been soiled during the Term;

(iv) Notify all utility and council tax authorities of the date of termination of the Term and pay all outstanding accounts with the service providers up to and including the last day;

(v) Arrange for the return to the hire company prior to the inventory check-out of any hired or rented television or other equipment or appliance which the Tenant has hired or rented for his use at the Property;

(vi) Deliver all keys and remote control devices to the Landlord and pay to the Landlord all reasonable costs incurred by the Landlord in replacing the locks or devices where such keys or devices are missing;

(vii) Remove all personal items from the Property before the end of the Term. The Tenant will be responsible for meeting all reasonable removal costs and/or storage charges for items left in the Property after the end or earlier termination of the Term. The Landlord will remove and store such items for a maximum of one calendar month, and take all reasonable steps to contact the Tenant in this regard and, where possible, will notify the Tenant at the last known address. If the items are not collected within one calendar month the Landlord may dispose of them and the Tenant will be liable for the reasonable costs of disposal, which may be deducted from the Deposit or from any sale proceeds and if there are any costs remaining they will remain the Tenant’s liability;

(viii) Provide the Landlord with a forwarding address where the Tenant may be contacted after the Tenant has vacated the Property and permit the Landlord to give the forwarding address to the suppliers of gas, electricity, fuel, water, telephone services, environmental services or other similar services incurred at the Property for which the Tenant is liable and Council Tax authority.

What was discussed on whatssapp (summarised):
LL (19th March) - Hi, we will be willing to release you both early but do ask for at least one months notice. The more notice the better and do please keep us apraised of your situation. 
Tenant (4th April) - Officially hand in notice with an end date of 12th May. Partner has found a new property and will be moving out 11th April. 
LL (4th April) - I'll contact the agent on monday. So just to confirm last date of tenancy would be 12th May?
Tenant (4th April) - confirmed date
Tenant (15th April - Again gave LL confirmation of my move out date
LL (15th April) - Greg that's fine with me. I'll ask the agent to be in touch re inventory/checkout. 

Email i received from LL (16th April)

When you approached me about ending the tenancy agreement two months early, I was not aware that you both had in fact signed a fixed-term agreement for two years, ending on the 11th July 2021.

I appreciate your circumstances have changed and understand the need to end the agreement before July 2021. We will release you both from the agreement once we have new tenants in place and that you both pay for the costs we face for new tenants and tenancy agreement, utility and council tax until the new tenants take residence and having the flat cleaned to same standard and includes carpets and any repairs if paint needs touching up.

Costs associated with new tenants: (quoted by agent)

 - referencing £40 each Tenant,  Check out £120 and check in of new tenants £150. Pay for new contract for new tenant (£125). Total £425

We want to find new tenants as soon as possible, which will minimise your costs, for rent, council tax, utility bills and have instructed the agent to advertise the property. No viewings may be completed at this moment due to lock-down, but potential tenants may take the property without internal viewings. But as I mentioned before physical relocations cannot happen during 'lock-down'.

greatcrested

With discussions around legal matters, it is never very satisfactory to have to respond to "(summarised)". Precise quotes are really needed. A single missed word can change meaning a lot.

Having said that, the initial exchange between LL/tenant appears to indicate an agreement to an Early Surrender on 12th May, with no costs or charges associated with that Early Surrender. Provided all the joint tenants vacate on/before 12th May the tenany will end and no costs can be charged, other than for damage, losses etc in the normal way.

The subsequent conversation is irrelevant. The LL should not have agreed intially without checking/knowing the (to him) relevant facts. That is his mistake and his problem, since he had already agreed.

Clause 1 appears irrelevant since it cannot be applied in the first 24 months. The dialogue which led to the agreement is additional to the original written contract.