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wrigaj1
13-09-2006, 15:25 PM
Hi

Referring to other posts I have put on - I have requested that I end my tenancy early. My tenancy is due to end 27 October 2006 and I made the request in writing 20 August 2006.

The letting agents agreed, however they stated that they would only terminate the tenancy once a new tenant was in situ. I would also have to pay the readvertising fee, which is £195 plus VAT.

It has now been over 3 weeks and only 1 person has viewed the property. The property is advertised on the letting agents website. It is in a prime location, low rental charge, which surprises me that only 1 person has viewed.

I feel that the letting agents may not be fulfilling their position in attempting to find another tenant as soon as possible, as agreed.

I have arranged for several friends to contact the letting agents to arrange viewings - no one from the letting agents have telephoned my friends back to arrange viewings or contacted me to discuss viewings.

Where do I stand?

Poppy
13-09-2006, 15:34 PM
Did your friends speak to an agent or an answering machine? Please don't tell me they emailed the agents!

I agree that three weeks and one viewing is not good.

wrigaj1
13-09-2006, 15:36 PM
They have tried to call but they keep on getting answering machine.

I have a feeling, rightly or wrongly, that the letting agents are going to delay as late as possible before they place a new tenant.

lawstudent
13-09-2006, 15:39 PM
They are under no obligation to find a substitute. If, however, they have agreed to do so and have charged you a rather juicy £195 fee for re-advertising they should be working a little harder. My guess is that they have just pocketed (stolen) the fee and are under instructions from the LL to do nothing. How you can prove this though is another matter. Good luck.

Poppy
13-09-2006, 15:45 PM
What is the landlord's opinion of releasing you early?

I think you need to personally visit the agent's office and try to agree a timeframe for the agent to find someone or release you or give you the money back.

Additionally you could try to find an alternative tenant yourself who is acceptable to the landlord and passes all the referencing.

This is all about negotiation. Are your skills up to scratch?

Why do you want to leave early?

lawstudent
13-09-2006, 15:49 PM
This is all about negotiation. Are your skills up to scratch? Why do you want to leave early?
how patronising

wrigaj1
13-09-2006, 16:00 PM
Yes, I quite agree! I negotiate as part of my job every day, for Insurance risks in excess of £100k so I think my negotiation skills are pretty sound.

I do not have access to the Landlord - I have never been provided with his details and, from previous problems, I very much doubt he will discuss verbally or face to face with his tenant.

It is an impossibilty to go to the letting agents and discuss and I do not see the real benefit?

I do not feel it is down to negotiation at all. If the letting agents/landlord do not want me to leave early, then they wont let me. I have explained that I need to vacate the property as soon as possible as I have purchased a new house and I do not wish to pay both my mortgage and rent.

I have had problems with the letting agents/landlord since I commenced my tenancy: a verbal promise of decoration which has not been undertaken, and leak which took 4 months to rectify, in which time I was left with no flooring in my bedroom and hallway, to which I was given £100 compensation on a 'take it or leave it' basis.

Poppy
13-09-2006, 16:08 PM
I do not feel it is down to negotiation at all. If the letting agents/landlord do not want me to leave early, then they wont let me.
OK. No problem.

wrigaj1
13-09-2006, 20:19 PM
I want the tenancy to end asap. My house is almost ready to move into yet I have another 7 weeks of my tenancy to run.

They advertiseon the rightmove website. They say the £195 is to reimburse the landlord for the letting fee/advertising fee.

Paul_f
15-09-2006, 08:54 AM
Any tenant has a legal right under common law to end a tenancy early, but..........
Until they are replaced by alternative tenants they have to honour the rent and other obligations within their tenancy agreement as normal, and........
The landlord (and by implication, the agent) must make a reasonably concerted effort to secure an alternative tenant, and........
They would have to pay the landlord's reasonable costs of doing so i.e. what the agent would normally charge the landlord.
The agent cannot make a set charge to "release" the tenant from his obligation, even though I would consider £195 reasonable if that would be the fee to the landlord. By the way under the Consumer Credit Act, VAT can't be added as an extra it must be quoted including it.
The main problem here is the end of the tenancy is only a few weeks away and there will be little to be gained here financially from the tenant's point of view.

lawstudent
15-09-2006, 09:08 AM
The landlord (and by implication, the agent) must make a reasonably concerted effort to secure an alternative tenant
... only after the tenant has returned vacant possession of the property to the LL

wrigaj1
15-09-2006, 09:57 AM
What would be the likely consequences of me returning the keys to the letting agents on 1 October, 27 days prior to the tenancy ending and allowing them to keep my bond?

Court action would follow I assume?!

wrigaj1
15-09-2006, 10:43 AM
The pro rata rent to 27 October is £475 and the bond is £650. There is no real reason to make any deductions as the property is as it was when I commenced the tenancy.

I just feel slightly agrieved that the letting agents do not appear to be doing much to find another tenant. I spoke to them yesterday and asked if there had been any interest, and they said no. Which is a blatent lie as I know that two of my friends have left messages over the past week to see if they respond.

There is a section relating to repairs in my tenancy which I feel the landlord has broken (a leak occured in the property which took the landlord 4 months to put right, including replacing the carpet and flooring). Do I have any rights to cancel against this?