3yr AST with no break - options

Wonka_2

A colleague has just come to me for advice after accepting a job back in their home country. 

They are currently 9mths into a 3yr AST on a London flat through one of the major agents. 

No break clause in the contract (if only they’d asked before signing) and initial discussion with agent has given an offer of 3mths penalty to release (presumably plus loss of deposit) 

Whilst understanding the legalities any suggestions on how to reduce their liability - recognising they have no power to reduce ?

propertyrental

They signed for 3 years- they owe 3 years rent.

An Early Surrender can be negotiated/agreed but the terms of that must be mutually agreed. The landlord can ask whatever he wants - tenant is free to accept, or decline and pay the 3 years rent. Or negotiate.

Assuming England.

theartfullodger

If they are likely never to return to UK and if there is no cross border debts agreement then maybe just leave & pray that his home country never becomes part of an eg the previous EU agreement for debt collection from EU to England prior to Brex*****. And an English CCJ won't be a problem.

A gamble, Obvs.

km1500

They are likely to re-let it quite quickly in this rental shortage climate so.their actual losses will be small.

Tell the agents you are moving abroad and offer to pay reasonable expenses incurred to relet it.

[Deleted User]

They should communicate with the landlord.

3 years agreement without a break is too long ideally 1 year. 

Wonka_2

theartfullodger said:

If they are likely never to return to UK and if there is no cross border debts agreement then maybe just leave & pray that his home country never becomes part of an eg the previous EU agreement for debt collection from EU to England prior to Brex*****. And an English CCJ won't be a problem.

A gamble, Obvs.

It's a considered option given they're leaving to a non-EU country where it's believed (but yet to be confirmed) that there's no reciprocal agreements

km1500 said:

They are likely to re-let it quite quickly in this rental shortage climate so.their actual losses will be small.

Tell the agents you are moving abroad and offer to pay reasonable expenses incurred to relet it.

Indeed - knowing the location I'm not seeing the need for 3 months to cover the re-letting - but maybe the honesty re moving and some flex on date might get a more favourable response  

Schwarzwald

ask the letting agent to release you early, 3 months cover doesnt sound unreasonable

ask the new employer to cover the break-costs as moving expenses as part of the remuneration negotiation

Wonka_2

Schwarzwald said:

ask the new employer to cover the break-costs as moving expenses as part of the remuneration negotiation

Unfortunately there’s not a ‘remuneration negotiation’ - it’s a personal rather than career driven move