Tenant question - surrendering tenancy

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    #16
    Originally posted by AC2016 View Post
    I am very aware that this is a situation we have gotten ourselves in to and accept we may just have to grin an bear all the costs being levied at us but thought I should get some advice regardless.
    That more or less sums up the position. Stating the obvious, you are not going to pay more than a sum equal to the aggregate of the rent due up to the break date and the expense you will incur at the end of the tenancy anyway. What you must though avoid is an agreemnt to pay rent until the property is relet. You must go for a once and for all sum that covers everything and have a clean break.

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      #17
      Originally posted by Lawcruncher View Post

      That more or less sums up the position. Stating the obvious, you are not going to pay more than a sum equal to the aggregate of the rent due up to the break date and the expense you will incur at the end of the tenancy anyway. What you must though avoid is an agreemnt to pay rent until the property is relet. You must go for a once and for all sum that covers everything and have a clean break.
      Which is exactly what we are saying the new legislation prevents (or would seem to prevent) ......

      I think the problem here Lawcruncher is that laws are being made at a rapid rate that:

      a) Are for political effect and not for a clearly understood purpose
      b) The legislators have no clear understanding of the matter about which they are legislating, or if they do, then their understanding is uni-dimensional
      c) They fail at all to understand the (often devastating) practical effects of the legislation on real people
      d) They fail to understand the side effects of the legislation, which are often completely opposite to their "stated* intent
      e) Are motivated by lobby groups and fake charities, and fail to see beyond that
      f) They fail to check that the legislation is even comprehensible, and fail to understand that incomprehensible or ambiguous law is bad law. They also fail to understand that law that is comprehensible on paper might be completely incomprehensible when applied in the real world that does not match their vision of that world.

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        #18
        Thank you all very much for your advice.

        We are certainly trying to do all of this as above board as possible and don't want to make things any more difficult for our landlord.

        Thankfully the plumbing issue seems to have been fixed (final test when I get home from work and stick the washing machine on).

        In terms of our next stage plans, given the severity of our situation my husband and I will be staying with family temporarily when we get out of this tenancy (apart due to space, not ideal!).

        Now that the plumbing is sorted I will go back and try to renegotiate a better surrender deal with him. If we are forced to continue the tenancy until December we will undoubtedly end up defaulting, only able to make partial payments or be incredibly late with rent each and every month - which is hardly ideal for the landlord or ourselves!

        I will come back once I have spoken with him again and a deal agreed (or not!) if I need further help.

        Thank you all again.

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          #19
          Good luck with trying to do the right thing!

          Sorry to hear about your problems and sorry we didn't have a better answer
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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            #20
            My assumption is that if the landlord charges a fixed sum = say 2 months rent as compensation but then manages to re-let it after only 1 month, they are potentially in breach of the legislation and must repay the difference to the tenant to correct the breach.

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              #21
              It does not help you one little bit but I can honestly say I would have accepted your surrender. You are trying to do the right thing - no LL could ask for more than that.
              Unshackled by the chains of idle vanity, A modest manatee, that's me

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                #22
                Originally posted by islandgirl View Post
                It does not help you one little bit but I can honestly say I would have accepted your surrender. You are trying to do the right thing - no LL could ask for more than that.
                Me too, requesting payment for damage to property, any fees Agent is entitled to for the remainder of the "term", and possibly a month's rent.

                12 month agreements are really for Agents to get 12 monts' of fees, and not for LL or T.

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                  #23
                  Originally posted by DPT57 View Post
                  My assumption is that if the landlord charges a fixed sum = say 2 months rent as compensation but then manages to re-let it after only 1 month, they are potentially in breach of the legislation and must repay the difference to the tenant to correct the breach.
                  Actually, the chances of the landlord reletting on exactly the right date to break even would be almost nil so they would almost always either have to repay something or suffer a loss or agree to the tenant paying only once the property is relet, which I would never do again. And that's before you factor in the hassle of having to precisely calculate any other losses and presumably set them out in some sort of report to the tenant. Is any landlord ever again going to agree to an early surrender?

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                    #24
                    Yes we are, because we are human. After all if they left at the end of their contract you may have a void anyway! Agree they can leave in a month, advertise and show people round, charge for any legitimate damage and voila - problem solved
                    Unshackled by the chains of idle vanity, A modest manatee, that's me

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                      #25
                      Hello again.

                      So LL has sent a bill for £160 to unblock the sink - this looks to be incredibly expensive based on a quick google search.

                      LL is refusing to make a settlement deal of any kind for us to end the tenancy now. He is also refusing to show any new tenants or advertise the property until we are fully moved out and all end of tenancy check list items are completed (clean, inventory etc.)

                      Essentially he trying to block us in until December as there is no way we can do all of that, continue to pay rent and also pay rent in our two separate temporary accommodations once we are out. We feel like we are being backed in to a corner here to have to quit the property and be pursued legally for rent.

                      I am at my wits end and my doctor is having me back for a further appointment to determine if I should be signed off due to stress - which is also hardly ideal.

                      There doesn't seem to be any solution here but I do appreciate all of your comments. Thank you also islandgirl for your comment - we were hoping to appeal to our LL on a human level in regards to our situation and to show him that we are doing all we can to do the right thing but that doesn't seem possible.


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                        #26
                        My comments in post #2 still stand.

                        The problem with having very limited money all of a sudden is that it escalates very quickly and everything starts to be more and more expensive.
                        Being poor costs a lot and after a while it takes a long time to get back to an even keel.
                        It's happened to me a couple of times and it wasn't pleasant.

                        If you move out now, you will probably be moving the problem into the future - which might actually help (or be more stressful - everyone's different).
                        Worst case, the landlord doesn't retake possession and sues you for the three month's rent.
                        You'd probably lose and be forced to pay the landlord back with some additional costs.
                        You would offer to repay at a level you could afford and the court would most likely accept that.

                        Which might be worth it?

                        Presumably, there's a deposit, which would offset some of the rent?
                        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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