Early surrender options (landlord won’t reduce marketed price)

nnewtoarea

Your LA has played you here.

AdrianC

Sensory said:

Is refusing to lower the marketed price reasonable, considering I am reimbursing all losses including any shortfall in rent?  
...
I am already being punished by reimbursing losses, and that is FAIR; the landlord deliberating dragging this out to maximise profits is NOT reasonable.

If you don't like his terms for early surrender, move back in until the end of the term... You chose to go looking for a property to buy knowing that you had a substantial period left on your fixed period tenancy...
Remember, they do not have to agree to early surrender of the tenancy at all. You are contractually bound to the remainder of the term, UNLESS you and the landlord agree to a mutually acceptable early release.

If a replacement tenant signs a new AST for a fixed term of one year (coinciding with the end of my commitment period), then should the market improve next year, the landlord can increase the rent once the agent inevitably pushes for a renewal (like what to happened to me, my rent has only ever increased over the past 5 years in this property).

The agent can "push" all they like. The tenant does not have to sign a new tenancy. If they don't, then the landlord cannot increase the rent - except insofar as is outlined within the tenancy. They simply go onto a periodic tenancy, until either side submits valid notice and the tenancy ends.

Way back on p1, you asked...

Sensory said:

Landlords are able to increase rent by any reasonable amount aren’t they? It depends on the AST of course, but the terms of the AST are also in their control.

Well, no. The terms of the AST are as agreed between tenant and landlord. If the tenant doesn't agree, they don't sign and don't move in. And, of course, any potential new tenant is free to negotiate a lower rent - they don't HAVE to sign at the figure that's being marketed.

No sane tenant would sign a tenancy that gave the landlord some kind of unchallenged right to arbitrary increases - and a simple unilateral "reasonable" is very arbitrary. AST-defined increases are usually inflationary.

Can I ask a few questions as to how you found yourself in this situation in the first place...?

You've said you've been in the property five years. Why did you stay so long if the landlord and his agent are so unreasonable?

You've suggested you've got another year left on your tenancy? When did you sign a new one, and how long for? When did you start looking for a property to buy, and when was your offer accepted?

What rent are you paying, how much are they marketing for now, and what evidence do you have that it's £100 above current market rates?

numbercruncher8

Probably better that you knock it on the head now - seek legal advice regarding the contract, to see if there is a way out.
If not, just try to negotiate a break which will lower your overall liability.

If this is affecting you mentally (which you mentioned before), arguing the toss about it with people on here on whether it is fair or not is just going to make you more frustrated. 

Move on, and enjoy your new house. Seems an unfortunate situation now, but in a few years it'll be long forgotten about. 

D.L

I presume you've bought a property (otherwise why would you move out early but still be within visiting distance!). You could rent out your property for a year and move back in to the rental.

greatcrested

D.L said:

Did you purchase a property? You could rent out your home property for a year and move back in to the rental.

Hmmmm.... given the OP's track-record of signing inappropriate tenancy agreements I'm not sure that's a road I'd recommend going down!

yksi

Place your sense of integrity aside for a moment and weigh a couple of possible options up.

• Email agent and explain that your personal circumstances mean you have only 2 months' savings remaining, so you would like to make a one-off offer of (this amount extra) and give an absolute time limit of seven days to them to accept.

• Or simply stop paying rent - they then have to wait a certain time before sending you notices, followed by more waiting, because they cannot lodge court proceedings to start the "eviction" process right now and this means the landlord will get precisely 0 income for months unless they move their backsides to make a proper effort to relet the property. Then there will be a huge backlog in the courts which will take months, bogged down with people who've lost their jobs and stopped paying rent back in March. Then the process to chase you for the outstanding rent will be months after that. If you're still feeling kindly towards him, you can pay that full outstanding amount in 2022 when the court papers arrive

Have you considered that the owner possibly doesn't need the income (explained by them being so poor at answering their agent)? I applaud your sense of fairness in paying what you owe, but the owner is being deliberately unfair on you. A massive delay on receiving the rent might focus their minds a bit on getting the property relet.

Sensory

AdrianC said:

You chose to go looking for a property to buy knowing that you had a substantial period left on your fixed period tenancy...
Remember, they do not have to agree to early surrender of the tenancy at all. You are contractually bound to the remainder of the term, UNLESS you and the landlord agree to a mutually acceptable early release.

Yes, I get it, it's too much to expect reasonable behaviour from certain people when reimbursing their losses just isn't enough for them. You really don't need to continue hammering down my contractual obligations just because I'm emotionally distressed appearing like a whiny brat. As I previously admitted multiple times, I was naive and ignorant, and such people are easily exploited via perfectly lawful methods.

AdrianC said:

The agent can "push" all they like. The tenant does not have to sign a new tenancy. If they don't, then the landlord cannot increase the rent - except insofar as is outlined within the tenancy. They simply go onto a periodic tenancy, until either side submits valid notice and the tenancy ends.

Had I know this last year, I wouldn't be facing my current predicament. The agent emailed me stating the "tenancy was ending", and I believed them.

Landlords can increase rent via valid S13 notices for periodic tenancies. If a replacement tenant (for which I would have fronted the cost to arrange) transitioned to a periodic tenancy and chose not to pay the increased rent (via S13), they would give notice and vacate. The property would then go back on the market, which is no loss to the landlord; the landlord would have needed to find a replacement tenant anyway had the original replacement tenant not been found. The landlord benefits if the replacement tenant chooses to stay and pay the increased (market rate) rent, as it's a prolonged period free of turnover fees.

AdrianC said:

Way back on p1, you asked...

Sensory said:

Landlords are able to increase rent by any reasonable amount aren’t they? It depends on the AST of course, but the terms of the AST are also in their control.

Well, no. The terms of the AST are as agreed between tenant and landlord. If the tenant doesn't agree, they don't sign and don't move in. And, of course, any potential new tenant is free to negotiate a lower rent - they don't HAVE to sign at the figure that's being marketed.

No sane tenant would sign a tenancy that gave the landlord some kind of unchallenged right to arbitrary increases - and a simple unilateral "reasonable" is very arbitrary. AST-defined increases are usually inflationary.

My tenancy agreement doesn't mention rent increases at all. This agent prefers renewing fixed terms each and every time, whilst increasing rents with each renewal. Transitioning to a periodic tenancy would allow the landlord to increase rents by any reasonable amount via valid S13 notices, and simply pushing rent back up to market rates is a reasonable increase, hence why I don't personally see an issue with reducing the marketed price of the property now to actual market rates (which are lower than my current rent).

AdrianC said:

You've said you've been in the property five years. Why did you stay so long if the landlord and his agent are so unreasonable?

The agent does their job well in managing the property, even when the landlord is completely AWOL to their calls for his attention. Moving also costs time and money, and has other associated considerations which weren't worth it when the only problem was an absent landlord.

AdrianC said:

You've suggested you've got another year left on your tenancy? When did you sign a new one, and how long for? When did you start looking for a property to buy, and when was your offer accepted?

I believed my circumstances were not going to change for 2 years when I signed the agreement last year. (Remember, I've already admitted naivety and ignorance on my part, and more than once.)

AdrianC said:

What rent are you paying, how much are they marketing for now, and what evidence do you have that it's £100 above current market rates?

The agent admitted the price was above market value after I enquired why, after a month, there was zero interest (zero requests for viewings). The property was a newbuild flat in 2013 and is part of a large development, of which there are numerous near-identical properties being marketed (by other landlords/agents). None of the properties at or above the current marketed price of this property have been let. Similar properties in the area are priced approximately £100pm (or more) lower and have been Let Agreed.

Sensory

numbercruncher8 said:

If this is affecting you mentally (which you mentioned before), arguing the toss about it with people on here on whether it is fair or not is just going to make you more frustrated. 

Move on, and enjoy your new house. Seems an unfortunate situation now, but in a few years it'll be long forgotten about. 

I'd like nothing more than to move on, but trying to have a two-way conversation with the landlord?

It is, literally:

1. Send an email or phone the agent regarding [x].
2. The agent replies (either same day or next) that they will contact the landlord regarding [x] and update me with a response.
3. I wait at least a week (usually longer), sometimes chasing (to no avail).
4. The agent emails me the landlord's response.
5. If there is anything further, repeat #1 to #4.

Sensory

yksi said:

Have you considered that the owner possibly doesn't need the income (explained by them being so poor at answering their agent)? I applaud your sense of fairness in paying what you owe, but the owner is being deliberately unfair on you. A massive delay on receiving the rent might focus their minds a bit on getting the property relet.

If there's one thing this experience has taught me (besides the importance of break clauses and tenants' rights): you can be as ruthless as you wish to a fellow human being with whom you have no personal relationship, as long as it's lawful. Kindness begetting kindness is so foolishly idealistic in the real world.

greatcrested

Have you tried going direct?

Landlord & Tenant Act 1985 section 1.