tenancy agreement.

[CuriousBee]

My friend and her family need to move of out of the current rented property due to relocation of her company to North of England.

If they do not move they will be unemployed.

 

she sent the landlord a letter to say that they need to move and give them one months' notice.

There is ample notice and they undertook the tenancy on the 13th last year.

the 13th of April to 13th of May would have been sufficient.

In fact she is giving one month’s notice as of today giving them 10 extra days.

 

However,

the letting agent has sent the following email asking them to pay for the whole year.

Is this common?

Can they do this?

Your early response would be greatly appreciated.

 

This is what the letting agency said:

Quote

The Landlord will agree to market the property with a view to releasing you early subject to the following terms:

 

• You will remain fully responsible for the property, rental payments, utility payments and additional contractual obligations outlined in your tenancy agreement until the date that a new tenancy commences

 

• You will cover the following costs on behalf of the Landlord associated with re-letting the property:

- Inventory check in

- Let fee of £354 (inclusive of VAT)

- Agreement fee of £180 (inclusive of VAT)

 

These costs are in addition to the standard costs associated with you leaving, i.e. professional cleaning and check out fee.

 

Unquote

[king12345]

It depends what 13th it was last year and how long is the fix term of the ast.

If the fix term expired and they are on a rolling contract, they don't have to pay any of the charges listed by the estate agent.

If they're still under the fix term then things change and providing everything is above board, they're responsible for paying rent and other contractual charges for the full duration.

[CuriousBee]

Sorry I missed out - it was 13th August to the 13th August this year.

 

Can they do a fixed term tenancy?

I thought it was a one year contract and that they would extend if needed,

and if my friend found somewhere they could go to another property after the August.

 

I was on a rented place last year and it was for a 6-12 month contract and I gave them one month's notice and that was it.

[griffzilla]

So they signed a contract until 13th August - that is what the landlord is holding them to. At the end of the original year period, it becomes an AST, which is a rolling monthly contract.

[CuriousBee]

Thanks for your response. Much appreciated.

 

So there is no way out even if they tell the landlord to keep the deposit and a months rent. Do they still have to pay council tax/cleaning/and the fees for finding new tenants?

[king12345]

Yes, unless the LL agrees to let them go.

Most tenants stop paying rent and disappear after a month so the don't need the deposit back.

Fortunately your friend sounds decent, so we won't see the LL on this forum...

[CuriousBee]

Thanks for your reply.

 

Yes - they are professional and decent people and have all bills paid up todate. Just that their jobs moving means they have to go with the job.

 

Do you suggest that they should talk to the Landlord face to face or see the agents.

 

Landlord already sent a reply to say that the agents will deal with it. It is the agents who sent the email demanding all payments to be made etc.

 

Do you think having a meeting with the agent would help them to make understand?

[mariner51]

If the Tenancy commenced 13 Aug 16 for a fixed term of 12 months, the AST will expire on12 Aug 17 and T can vacate on that day, without Notice. Subs Notice must expire on 12th of month.

T cannot give Notice during Fixed Term but can offer 'early surrender' which LL can accept on his terms. (Case here).

If T is being re-located by Co for work, most employers will pay LL an amount in lieu of rent for remaining fixed term/Notice period.

NEGOTIATE.