Trapped in my tenancy? Please help

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    Trapped in my tenancy? Please help

    So I have an Assured Shorthold Tenancy, I found someone to take over my apartment for the remaining month of my tenancy as I am moving across the country.
    The agreement states that:

    2. Early Termination

    2.1. If the Tenant vacates the Premises during the Term apart from according to any agreed break clause which is included within the
    Agreement, the Tenant will remain liable to pay Rent and any other monies payable under this Agreement until the Term expires; or
    the Premises are re-let whichever is earlier.

    2.2. The tenant will also be liable for any reasonable costs incurred by the Landlord or the Landlord’s Agent in arranging the early
    termination of the Tenancy.

    2.3. If the tenant wishes to make amendments to the tenancy, such as but not limited to:
    • Pets to be kept in the property
    • A change of sharer in a joint tenancy
    • Permission to sub-let
    • A business to be run from the property
    • Or any other amendment which alters the obligations of the agreement
    The tenant will be liable to pay a charge of £50.

    I emailed the block manager at the agency to ask how I would go about transferring the tenancy so the landlord can still have an occupied property and received this response:

    'Unfortunately we would not be able to end your Tenancy early and offer a Tenancy takeover for your property as your Tenancy ends in September and we already have other vacant apartments within the building that we must prioritise securing a Tenant for.'

    I have had issues in the past with this agency not returning my deposit on time as stated in the contract, but 3 months late, not replying to emails or phone calls. If I could continue to pay the rent when I moved then I would but unfortunately it is not an option for me as I am a graduate on a low salary.
    They have also overcharged me by £30 a month on rent as when I emailed to confirm the amount, they stated 550 and not the 520 on the tenancy agreement.

    My tenancy is until the 11th September 2021. Why, for the next not even 2 months, can I not transfer the tenancy to someone. Is this legal? Not all apartments are owned by the same landlord so I do not understand why this would be a priority.

    UPDATE: 'We would need to request permission for this from your Landlord. However it is very unlikely that it would be agreed to as your Tenancy comes to an end in September. You would also be liable to cover all of the costs for the Tenancy take over including check out inspection, clean if necessary, any maintenance works required (if any), referencing of new applicant, set up fee, inventory fee, and cover the rent payments until the new Tenancy commences.'

    #2
    This doesn't answer your question in full, but am I right to read that you have, for 11 months? been overpaying your rent?

    Comment


      #3
      Financially it may not make sense if you only have 1.5 months left of your tenancy to leave, but your entitled to, and pay the early termination fees etc, they can't say that this is no longer available to you, it was set out in your tenancy therefore it is still valid.

      If you leave the property and had substituted the tenancy to someone else, they would then be liable for any damage, I wouldn't accept this if I was a new T. I would just leave in Sept and ensure the check-out is performed making meter readings etc. The LL or MA doesn't have to accept anyone you have found as a replacement, as they would need to go through the checks and referencing.

      Comment


        #4
        What does the tenancy agreement say about transferring/assigning the tenancy?

        Comment


          #5
          Originally posted by ash5050 View Post
          This doesn't answer your question in full, but am I right to read that you have, for 11 months? been overpaying your rent?
          No, it is only a 3month tenancy as I am working temporarily in the city. I have paid too much for 2 months.

          Comment


            #6
            Originally posted by ash72 View Post
            Financially it may not make sense if you only have 1.5 months left of your tenancy to leave, but your entitled to, and pay the early termination fees etc, they can't say that this is no longer available to you, it was set out in your tenancy therefore it is still valid.

            If you leave the property and had substituted the tenancy to someone else, they would then be liable for any damage, I wouldn't accept this if I was a new T. I would just leave in Sept and ensure the check-out is performed making meter readings etc. The LL or MA doesn't have to accept anyone you have found as a replacement, as they would need to go through the checks and referencing.
            Yes this is exactly what I thought, that it was still valid. I understand they do not have to accept them but I read the email as I would be liable for damage still

            Comment


              #7
              Originally posted by Lawcruncher View Post
              What does the tenancy agreement say about transferring/assigning the tenancy?
              Unfortunately it says nothing more than the quote in my original post.

              Comment


                #8
                Aah my bad I'd assumed it was a longer agreement.
                I would definitely complain to the agent about the discrepancy between the amount you paid and the figure on the agreement.

                Actually I'd probably just underpay next month instead and give them an email as to why you've done it.

                Comment


                  #9
                  Originally posted by kazekaze View Post

                  Unfortunately it says nothing more than the quote in my original post.
                  If the tenancy agreement says nothing about assigning/transferring then you do not need consent to assign/transfer.

                  Comment

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