Chances of being able to get back rent paid in advance after losing job

melb

thanks for all further replies.  I thought the 3 months upfront (not 4 I got that wrong) was to do with my friend's low pay but apparently they asked for this before they knew any salary details.  The lettings agency through which they are renting does deal primarily with student lettings but also has a huge portfolio of professional lets and has offices in quite a few towns and cities in the North.
To my thinking they are already receiving rent up til end of June fro the current tenant so should reimburse the 3 months upfront rent and then take a reasonable amount for admin which is only fair.  They have ample time to relet the flat

ArbitraryRandom

melb said:

To my thinking they are already receiving rent up til end of June fro the current tenant so should reimburse the 3 months upfront rent and then take a reasonable amount for admin which is only fair.  They have ample time to relet the flat

The contract your friend signed makes it clear it is their responsibility to relet the flat, not the landlords. It's not unreasonable for them to keep the money paid until a suitable tenant is secured. 

Otherwise they would risk your friend not securing a replacement tenant in time and having to chase them for the monies owed. 

melb

ArbitraryRandom said:

melb said:

To my thinking they are already receiving rent up til end of June fro the current tenant so should reimburse the 3 months upfront rent and then take a reasonable amount for admin which is only fair.  They have ample time to relet the flat

The contract your friend signed makes it clear it is their responsibility to relet the flat, not the landlords. It's not unreasonable for them to keep the money paid until a suitable tenant is secured. 

Otherwise they would risk your friend not securing a replacement tenant in time and having to chase them for the monies owed. 

or they could maybe just contact the several other people who viewed the flat to tell them it is now available again

ArbitraryRandom

melb said:

ArbitraryRandom said:

melb said:

To my thinking they are already receiving rent up til end of June fro the current tenant so should reimburse the 3 months upfront rent and then take a reasonable amount for admin which is only fair.  They have ample time to relet the flat

The contract your friend signed makes it clear it is their responsibility to relet the flat, not the landlords. It's not unreasonable for them to keep the money paid until a suitable tenant is secured. 

Otherwise they would risk your friend not securing a replacement tenant in time and having to chase them for the monies owed. 

or they could maybe just contact the several other people who viewed the flat to tell them it is now available again

If your friend asks nicely then maybe they will. But they aren't required to do so and there's nothing saying those people won't have since found alternative accommodation or that this property was suitable for them in the first place (viewing a property isn't the same as wanting to take a property). 

You can't have it all your way - your friend signed a contract, which included accepting responsibility for finding a suitable alternative tenant if they wanted to end the contract early. Once they have fulfilled that requirement then the contract is voided and any excess rent should be refunded. 

melb

ArbitraryRandom said:

melb said:

ArbitraryRandom said:

melb said:

To my thinking they are already receiving rent up til end of June fro the current tenant so should reimburse the 3 months upfront rent and then take a reasonable amount for admin which is only fair.  They have ample time to relet the flat

The contract your friend signed makes it clear it is their responsibility to relet the flat, not the landlords. It's not unreasonable for them to keep the money paid until a suitable tenant is secured. 

Otherwise they would risk your friend not securing a replacement tenant in time and having to chase them for the monies owed. 

or they could maybe just contact the several other people who viewed the flat to tell them it is now available again

If your friend asks nicely then maybe they will. But they aren't required to do so and there's nothing saying those people won't have since found alternative accommodation or that this property was suitable for them in the first place (viewing a property isn't the same as wanting to take a property). 

You can't have it all your way - your friend signed a contract, which included accepting responsibility for finding a suitable alternative tenant if they wanted to end the contract early. Once they have fulfilled that requirement then the contract is voided and any excess rent should be refunded. 

I have been doing some research about finding a repacement tenant and wondering how they would go about vetting them?  Joe public doesn't have the same access as lettings agencies do presumably into people's credit worthiness, criminal records or anything else they check.  I;m just keeping my fingers crossed they are sympathetic to their predcament

ArbitraryRandom

Your friend just needs to introduce a new tenant to the agency/landlord; then the agent will do any required affordability and background checks as they did for your friend (that's what the fee mentioned in the contract is for).

If they are suitable they will be offered a contract to sign and once signed your friend will no longer be liable for the property. If they are not then your friend will remain liable and will have to find another potential tenant. 

In practice this kind of thing happens, especially with student lets which are often reserved well in advance. Hopefully your friend will know people who are looking for a flat or the agent will find someone in response to an ad. If there were a number of interested parties and it is a student area then it shouldn't be too hard. 

dimbo61

Speak to Shelter and CAB 

melb

just for anyone is interested I rang the lettings agency myself just out of interest.  Apparently there are 2 choices for paying rent - 1.  pay 3 month upfront or 2. pay a month upfront but also pay £250 for them to register your Guarantor.  Apparently they insist on a guarantor irrespective of your salary (I gave an example of £25,000 on a monthly rental of £650).  Doing a bit of research it seems this is becoming more and more common - nice little earner of £250 now that the old punitive fees and charges have been banned!