[Urgent] Eraly termination of my flat is it possible?

[aim7811]

Hi

I hope I can get some answers from here

( I live in Scotland I heard that the laws are different from England)

Here is my status.

I have been living in this flat for 17 month

-First lease contract was from 20th May 2010 and ended on 20th April 2011 (12 month)

-Second and current contract started from 20th May 2011 and it's end date is 20th Aug 2012 (15 month)

 

Recently I am having a bit of trouble with my finance and it seems I won't be able to pay the rent. So I am sending my family back to my home country and for myself I will be moving to a freinds house for the remainder of my PhD course(9month left).

 

However, I have asked my agency about the early termination of my current lease. The only answer I got from them is that I NEED to find a replacing tenant if I were tobe released from my contract. I am willing to surrender my deposit(which is 1200 pounds).

 

Is ther any other way to terminate the lease than replacing a new tenant to my contract?

I have heard that in Assured shortterm tenanicy after living in the flat for 6 month the tenants just needs to notify(one or two month prior) the landlord of early termination. However because this is just the words from mouth to mouth I am not certin about this. Is there any written atatement that backs up this?

 

If there is could you tell me where I can see this statement (or law)

 

Thank you

[mariner51]

Not sure about Scotland, but in England/Wales if there is no break clause written into the Lease, you are liable for full fixed term rent, unless you negotiate an early surrender of T with LL either by

1. finding accptable replacement T, your liability ceases when new T moves in, or

2. pay agreed compensation to LL for early release and sign a Deed of Surreneder. Liability ceases on the date specified in the Deed.

 

You need to negotiate dirctly with LL, rather than Agency. What is your monthly rent?

[aim7811]

Hi

Thank you for the post

Currently my rent is 625 p/m.

I have asked the agency for contact number of LL but they said they(agency) are responsible for everything and I am not allowed to speak to the LL

Is this legal?

 

Anyway thank you for your concerns.

[Steve__M]

It is legal if that is the instruction the landlord has given to the agency. There should be something in writing in the contract that states that the agency address is the address to use for service (unless that is an England and Wales thing?).

 

It may be an idea to get in writing what exactly the agency needs you to do to get out of the contract. If you are able to find a replacement tenant who can move in quite quickly then your loss should be much less than your 1200 deposit, but the agency may wish to create lots of additional fees to pay.

 

Reasonably they should be able to charge for references, a nominal fee for a contract and costs for checking in the new tenant (inventory and so forth).

[aim7811]

Thank you for the reply

I have emailed my agency several times for consideration of Termination.

However, the reply I recive is always the same.

"No termination can be arranged if no replacement is found, period"

I am now running out of hope. I guess I have to find a replacement.

But another problem has risen...

There has been 3 flat views, after seeing the flat everyone was quite interested.

However, when I tell them that the agency for this flat is XXX than they all tell me how bad that agency is ...

and they just end the conversation.

I am feeling I might not get anyone for this flat.. I was so stupid to take this place in the first place.

 

Thank you for replying

[mariner51]

£4 paid to land registry online to view Deeds of your property (if registered) should reveal name of owner (poss LL).

[Snorkerz]

Contrary to Steve_m's advice, section 1 of the 1985 Landlord and tenant act says that the agency MUST provide the landlords details within 21 days if they are requested IN WRITING. It is a criminal offence not to comply.

(1)If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—

(a)any person who demands, or the last person who received, rent payable under the tenancy, or

(b)any other person for the time being acting as agent for the landlord, in relation to the tenancy,

that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.

(2)A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

Level 4 is a £2,500 fine at present.

[Ed999]

If the premises are in Scotland or Northern Ireland the law is different.

 

• In Scotland, contact -

 

Citizens Advice Bureau, Scotland:

http://www.cas.org.uk

 

Shelter Scotland, in Edinburgh:

http://shelter.org.uk

Tel. 0344-515-2444

 

Money Advice Scotland, if rent arrears:

http://www.moneyadvicescotland.org.uk

Tel. 0141-572-0237

 

See also this Sticky thread:

Great links; housing and associated

[Ed999]

Contrary to Steve_m's advice, section 1 of the 1985 Landlord and tenant act says that the agency MUST provide the landlords details within 21 days if they are requested IN WRITING. It is a criminal offence not to comply.Level 4 is a £2,500 fine at present.

 

But the Landlord and Tenant Act 1985 does NOT apply outside England and Wales !

 

See: http://www.legislation.gov.uk/ukpga/1985/70/section/40