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Go Back   The Consumer Forums > The Consumer Forums
The Consumer Action Group
> Residential and Commercial Lettings

Residential and Commercial Lettings This is the place for both Landlords and Tenants to discuss letting issues, and share experiences.


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Old 12th April 2008, 17:52   #1 (permalink)
daRb_81
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Default Leaving early & possibilities of surrender.

I've already had a look through the posts on this topic, which were very helpful but I think I need help with my specific situation.

I am contractually bound by a assured shorthold tenancy of 1 year. It expires in early september. I have no break-clause but need to leave this place to move to another city with a friend while the oportunities there.
It can't really wait because he needs to vacate the place he's in in a months time, and I'm not sure I can afford to be sued for 5 months rent + fees and the loss of the £650 deposit if the Landlord refuses to break the lease early. So basically my ideal situation would be to avoid having to pay all of that and reach some sort of compromise - but I need an idea of what a typical compromise scenario is and how likely/common it is to get this sort of agreement, as well as what form it should take, and what requests I should make.

I'm unsure whether it would be best to submit a tenancy surrender to the landlord or the letting agent.
And does the fact that it's through a Letting Agent (with my rent being Direct Debit through them) affect the possibility of reaching a financial settlement?.
Come to think of it, what are the possibilities of reaching a settlement anyway?. Why would he accept a goodwill gesture when he could rightfully have all would-be rent up to september with no obligation to mitigate his loss by re-letting?. Why would he be [i]that[i/] reasonable when I'm being unreasonable?.
Has anyone over here ever successfully received permission to end a lease early?, what was agreed?.
I'm also unclear what charges I may incurr if I leave early and what charges/fees are likely to be covered by my £650 deposit (seems a small amount up to some peoples).

Thanks in advance, and sorry about the long-ass post.
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Old 12th April 2008, 18:24   #2 (permalink)
wenwish
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Default Re: Leaving early & possibilities of surrender.

I am sorry to say but the law says that should you want to end a tenancy earlier than the fixed term the tenant would be liable for all the rent until the end of the fixed term.

Did you say you let your property from an agent? If so maybe it may be worth going in for a chat. Maybe they have someone waiting for a property like yours. They may just take a note and and someone may call in the near future. If thats the case then maybe they will be good enough to end the agreement early and no one loses out.

Some agencies are quite understanding.
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Old 13th April 2008, 00:42   #3 (permalink)
Tom87
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Default Re: Leaving early & possibilities of surrender.

Quote:
Originally Posted by daRb_81 View Post
Has anyone over here ever successfully received permission to end a lease early?, what was agreed?
I am no property legal expert but my instinct would be to go to the agency/landlord ASAP and let them know when you are planning to leave. Then they can try to look for a replacement tenant who can take over your rent. But even if this happens, I'm not sure if you'll be able to get the deposit back. If the agency/landlord can't find anyone to move in after you and take over your rent, you may well have to pay for the remaining months even though you won't be living there.

I had to leave a rented property early once through no choice of my own. Luckily the company were very kind - they kept my deposit but didn't make me pay for any more rent after I had left. Hopefully you will meet a nice person at the agency who will understand and do it this way! But be prepared as well to have to pay for all the remaining months if they are not so understanding - as you have accepted, it is breaking the contract, even if it's not your fault.

People have to leave rented properties early all the time for various reasons through no fault of their own, but sadly a contract is a contract, and those who are renting the property to you will want the money that you agreed to pay at the beginning.
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Old 17th April 2008, 13:13   #4 (permalink)
daRb_81
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Default Re: Leaving early & possibilities of surrender.

Thanks for your replies.
I'm gonna go in today and do like you suggested.
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