Surrender of tenancy problems!!

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    Surrender of tenancy problems!!

    Hi,

    I have a fixed term tenancy agreement (01/08/2011 - 31/07/2011) with no break clause. At the end of July I signed a surrender of tenancy and started looking for new tenants. On the 18th August 2011 I had a message from the managing agents informing me that 'The property has been rented from 01 September 2011/2012'. I then moved all property out, handed over keys etc. Yesterday the agent rung me to inform me that the new tenants had not signed the contract and had pulled out. Therefore I am still liable for rent.

    He told me that the word 'rented' actually means they have taken an admin fee and does not mean that new tenants have rented the property. I have some legal knowledge and this does not sound right to me. Am I within my rights to stop paying rent as the agent informed me that the property had been rented to new tenants as of the 1st September?

    Also, can I claim costs if this proceeds further? I have taken two days off work to move out as it was short notice only now to be told that I owe rent!!!

    There are also maintenance issues (mould etc) and have also been other problems with the agent.

    Any help much appreciated!!!


    James

    #2
    Can you clarify the dates of your tenancy agreement please?

    Comment


      #3
      When did you sign the Deed of Surrender (exact date) and what did it state?

      Comment


        #4
        Was this an AST in England/Wales?
        What date did the fixed term commence (dd/mm/yy)?
        What was the length of the term?
        What date you sign the 'surrender', was this executed as a Deed and did it specify that the tenancy ended on a particular date (if so, what date)?
        What date did you actually move out?

        Comment


          #5
          Originally posted by westminster View Post
          Was this an AST in England/Wales?
          What date did the fixed term commence (dd/mm/yy)?
          What was the length of the term?
          What date you sign the 'surrender', was this executed as a Deed and did it specify that the tenancy ended on a particular date (if so, what date)?
          What date did you actually move out?
          And has the landlord or his agent signed the surrender?

          Comment


            #6
            Subject to clarification, this one looks straightforward.

            Tenant: Can I go early please?

            Agent: Yes, when we've found a new tenant.

            Later

            Agent: We've found a new tenant. His tenancy starts 1st September.

            Relying on that the tenant moves out. He hands over the keys which the agent accepts.

            Irrespective of what may have been recorded in writing that must constitute a surrender by operation of law.

            Comment


              #7
              I don't think the issue is whether or not the tenancy has been surrendered, that seems perfectly clear. Either by express agreement or operation of law the tenancy is over. The question is if the tenant is still liable to the landlord for anything. That depends on the wording and correct interpretation of the Deed of Surrender. For example, it may have said that the tenancy ended but that the OP was still liable for a sum equivalent to the rent unless and until a new tenant moved in to the property.
              Disclaimer:

              The above represents my own opinion, derived from personal knowledge and should not be relied upon as definitive or accurate advice. It is offered free of charge and may contain errors or omissions or be an inaccurate opinion of the law. I accept no liability for any loss or damage suffered as a result of relying on the above.

              Comment


                #8
                I think there's a fair chance that this isn't straightforward.

                Comment

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