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Hey guys sorry for my first post being a bit of a rant, i just wanna say hi to all members and i really hope somebody can help me because im seething!

 

basically a little while ago me and my partner asked our estate agent about getting out early of our tenancy agreement due to having to move away from bournemouth and back home

well in the end we came to an agreement that if a new tenant could be found we were free to go,

so anyway a woman comes to view the flat decides she wants it and goes back there the next day to sort it all out, we recieve a call from the estate agent saying the womans going for it and we are free to leave, the next day or so we recieve a letter saying our tenancy ends on the 11th of may etc, its on headed paper and is signed by hand not a printed signature,

 

so we go forward with the new place we had found and on saturday i pay the 250 quid holding fee, but today my gf recieved a call saying acturally we cant move out because the woman has backed out, my arguement is that they shouldnt of agreed a date we could leave and certainly shouldnt of sent us a letter stating where the tenancy would end if there was a chance the lady might back out not to mention telling my girlfriend on the phone that it was ok and agreeing the dates,

 

the letter says we can leave when the terms in our contract are forfilled, now, those terms, at the time were forfilled and i think its the estate agents fault for processing our paperwork early i think its now their problem theres no one to move in, not ours, i really cant afford to lose this holding fee on the new place im seething! does anyone have some advise or know what we should do?

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Hi Jamesy,

 

I think this will depend on the exact terms of the tenancy agreement and the wording of the letter from the estate agent, but if it is exactly as you say you should be okay.:)

 

How long were you in the property? If it is a shorthold assured tenancy for one year you can give notice anyway after six months.

 

I think the estate agent has screwed up here. They absolutely should not have sent you a letter releasing you from the tenancy agreement until they had the new tenant formally signed up. Obviously they are going to try to protect their ***** from the landlord. They act for the landlord and should have been protecting his interests. The landlord will be able to get the rent from them if they have screwed up - they are well aware of this and they'll be trying to get out of it. :)

 

They will be holding a deposit, I'm sure, so you will need to send them a suitably worded letter. Can you post the letter up so I can have a look? I'll get advice from a letting agent about this too.

 

DD

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hi daniella, thank you for your reply, i will type up all relevent areas of the letter (the rest just states about if you want a reference and making sure you attend the final property check etc)

 

Dear Mr and Miss

 

Thank you for your letter from which we note you wish to terminate your tenancy of the above mentioned property in accordance with the terms of your tenancy agreement

The contents of this letter and the accompanying notes are very important and you should read them in order to prevent any misunderstanding at a later date. As your tenancy terminates on the 11th of may 2009 our rep will visit on this date at 4pm to inspect the property check the inventory and collect the keys.

 

the rest of the letter goes on to just say make sure your present etc and its clean. the accompanying notes it spoke of were just conditions we should leave the flat in. e.g cleanliness.

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Hi Jamesy,

 

Seems pretty clear to me that they are stating that your tenancy is being terminated. I'm going to get an expert to advise on this.

 

Daniella

 

thank you so much daniella

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Hi Jamesy

Unfortunately i think the problem is still yours. It sounds as though the agent has slipped up but this doesn't take the liability of the monthly rental payments away from you. When did your lease start and have you past your break period. For example do you have an agreement that states after 4 months you may give 2 months notice or after 6 months you may give 1 months notice. You may still be liable until this break point and untill you have given notice. The fact that a replacement tenant was found is irrelevant now. Interesting to know however if they gave a holding deposit to the agent,and why it hasnt gone to referencing stage. Usually the tenant can give only one months notice if they choose to do so but this must be after the month stated in the agreement. Also do the agents hold your deposit and is it protected under a deposit scheme. Why dont you try very hard to find a replacement tenant quickly perhaps not as easy as it sounds. Can help you more when i get some answers regarding the break/ notice.

Best regards

Powershower

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hi daniella, thank you for your reply, i will type up all relevent areas of the letter (the rest just states about if you want a reference and making sure you attend the final property check etc)

 

Dear Mr and Miss

 

Thank you for your letter from which we note you wish to terminate your tenancy of the above mentioned property in accordance with the terms of your tenancy agreement

The contents of this letter and the accompanying notes are very important and you should read them in order to prevent any misunderstanding at a later date. As your tenancy terminates on the 11th of may 2009 our rep will visit on this date at 4pm to inspect the property check the inventory and collect the keys.

 

the rest of the letter goes on to just say make sure your present etc and its clean. the accompanying notes it spoke of were just conditions we should leave the flat in. e.g cleanliness.

 

I would agree, this is just what it says on the tin. Your contract ends on the 11th May as does your rent and any other liability associated with the property. I would write a breif letter back stating that as far as you are concerned your tenancy ends on the 11th May as per the letter dated xx April 2009. You expect the letting agent to be at the 4pm appointment on that date when you will complete the handover.

 

Make sure you take plenty of pictures of the good condition you have left the property in and if they dont turn up on the 11th at 4pm, you must ensure you secure the property and return the keys to the letting agents before close of business that day (try and get a key return receipt).

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