Assured shorthold termination

[Tennent]

I recently handed in my notice to my Letting agent saying I was leaving as per the terms of the tenancy agreement - two month notice - however I stated I would be vacating the property earlier. The LA responded immediately in writing stating they would be taking vacant possession on the 25th Sept - 1 month and 13 days before my notice period ends - this was fine with me as I was leaving the property on the 22nd of September and it would have remained empty before notice period as up on November 7th.

 

Now verbally the LA has stated that the Landlord is unsure if he wants to re let the property -meaning that I have to pay the full amount to November the 7th.

 

I was under the assumption that the previous written correspondence from the LA stating they would take vacant possession of the property on the 25th was in fact them agreeing to the tenancy being surrendered and that written statement meant that I was no longer obliged to pay rent after 25th September - am I right - and if not what are my rights given the landlord may not wish to re let the property ?

 

Thanks

[MrShed]

Unless such an agreement took place (i.e. an agreement that you were not liable for the rent after this date) then you are in fact still liable.

[Tennent]

Ok however surely if the Letting Agent wants to take vacant possession than I am no longer the tenant and as such should not have to pay rent.

 

Are there any obligations for Land Lords to re rent the property ?

 

What are my options re trying to get a tenant to take on the notice period ?

 

Is there any way to not have to pay two full months rent for a property I will not be living in ?

[MrShed]

Ok however surely if the Letting Agent wants to take vacant possession than I am no longer the tenant and as such should not have to pay rent.

 

You are still obliged to pay the actual financial loss for the termination of the contract outside of the terms allowed - i.e. lost rent.

Are there any obligations for Land Lords to re rent the property ?

No.

What are my options re trying to get a tenant to take on the notice period ?

Not in my opinion - there is not long enough to do this, and the landlord is unlikely to agree.

Is there any way to not have to pay two full months rent for a property I will not be living in ?

In this situation, not in my opinion.

 

I realise it is frustrating. But you have to realise that you had a certain obligation, which you have not met - the landlord is absolutely entitled to his loss due to this breach.

[Planner]

You have one potential bargaining chip - 'Vacant Possession'.

 

If they want it on 25th September, make it clear thats when your rent obligation ends. If they dont agree, then tell them they are not to enter the property until the contract is up. They are trying to have their cake and eat it here. You should insist is either or.

[MrShed]

I agree but be wary as it is a term of most ASTs (enforceable) that the property wont be left for more than a month...also the AST can only remain in effect whilst it is your principal residence. Therefore, if they wanted, they could claim the property as abandoned and take possession that way. Doubtful though.

 

I do certainly agree that if they want rent until the end of the term that you should say no vacant possession before the end of the term though.

[Aequitas]

I agree. They either get rent or possession. They cannot have both.