I'm paying rent for an empty flat - please help!

Baltar

Right:

My partner and i signed a 12 month fixed term rental agreement from CPS for a flat in Cardiff. Following some bad circumstances we've had to move out (more a family issue than money or flat condition) and we spoke to the agents about advertising the flat for rent. They explained that a new tenant may be able to take over our tenancy.

I wrote the letter asking them to advertise on the 1st of feb with the "available from" date being 29th of feb. Apparently they have showed people around but no one has taken it yet.

The reason i'm looking for advice is because the flat was for sale when we moved in, the landlady took it off the market after having NO interest at all (was seriously overpriced) and recently we've heard that she's put it back on the market. I understand that we will have to pay rent until our tenancy runs out (september) but we have a bad feeling that she'll advertise it for sale and just sit on it as she has our rent so why bother filling it if you know what i mean.

CPS are totally useless. For the first three weeks we had no hot water of flushing toilet (lucky we knew the nieghbours!), the garage door was broken so our car was sat on a busy street for weeks and had both wing-mirrors smashed off (at a cost of £200 EACH to replace) and when they sent someone around to fix the door it was an agent with a hammer and screwdriver - no need to say that it didnt work and a locksmith was called and the lovely CPS were charged :T

Even though we signed a 12month contract - is there anyway we can get out of it? We're paying two sets of rent at the moment and it's getting pretty expensive.

Oh - the other thing, we come with a label - "STUDENTS!" (although we both work full time and are still managing a full time uni course, oh and always paid our rent on time)

Sorry for the rant, just would really welcome some advise xxx

maninthestreet

Not a lot you can do - you are contractually obliged to pay the rent up until
September, whether the flat sells before then is completely outside of your control or influence.

pinkshoes

You'll have to pay for the full 12 months, and if it's up for sale again, then it's unlikely they'll get tenants in. You ought to use it if you're paying for it!! (or check that they're not secretly letting it out knowing that you're not there!!)

Your only hope is to find a tenant yourself, so that they can take over your contract.

zebulon

pinkshoes wrote: »

Your only hope is to find a tenant yourself, so that they can take over your contract.

I would get a friend to call and have interest on the flat, for say a 6months lease - see how the agent is (like not bothered to let the flat etc), can be all on the phone, no need to get someone there.
at least you'll have a better idea if they are really not bothered to find someone (a 6months lease from now would be until septembre)

becasue if you manage to really find someone (advertise on gumtree etc...) and they are kindof turned down by the agents, there is a problem (either not to get someone because house on market or LL is using it - family, friends etc..)- is there not something somewhere that says they have to reduce loses for tenant when possible, or is this only in some break clause of 12months contracts? sorry not sure about that

i understand your feeling, even though you know you're obliged to pay until the end it does not help that they don't bother finding someone - it seems unfair.

Trollfever

How many empty flats in Cardiff are looking for tenants?

PasturesNew

Trollfever wrote: »

How many empty flats in Cardiff are looking for tenants?

Quite a lot

I was looking the other day and was very surprised that there are dozens and dozens of them. When I looked last August there were hardly any available. I suspect that student term times and year start/ends dominate the market.

And it's the wrong time of year maybe because students are leaving/in their last term and properties are emptying more than filling.

Where in Cardiff is this flat?

Right now where I live there are two flats for rent. I know one of them has only had one viewing since they started advertising it 4-6 weeks ago and they are right at the bottom end of the rent scale.

Benefits_Blagger

i think the owner/agents have a legal duty to take reasonable steps to re-let the flat out, if they dont then you have a case for not paying rent and and having the contract terminated.

poppy10_2

She has an obligation to try to "mitigate your losses" i.e. try to rent the flat out to someone else. I'd go with zebulon's suggestion, get a friend to express an interest in renting the flat, and if she turn them down you'll know she is acting illegally.

coral

I went through exactly the same situation, had to move out (sudden relocation) and the landlord decided to take the oppotunity to sell rather than relet (overpriced & took forever) and there was nothing I or the agent could do as I was contracted for 6 months. They were very good and the owner actually gave me his management fee as he didn't really feel happy with the situation.It was just very annoying as I couldn't live in it myself & I didn't arrange to sublet as I was always hopeful that it might go.

With hindsight I should have just sublet to a friend or someone for a 6 month fixed term even at a reduced price to cut my losses. Whilst probably against your terms of contract they are aren't particulaly being reasonable with you so I wouldn't worry too much (maybe you'll even get evicted :rotfl: )

poppy10_2

Oh noes! It looks like that law was reversed last year:
http://business.timesonline.co.uk/tol/business/law/reports/article1289254.ece

You can however find a new tenant yourself, and if the LL refuses to let them take over your contract for no valid reason, this can be used to void the contract as being unreasonably enforced.

coral

I took several lots of advice & mitigating losses is very dodgy ground, if the flat is being marketed (for sale not just for let) then this would most probably be considered reasonable, even in todays market where it could easily take 6 months for a sale to proceed!