I moved out of my property after agreeing to end my tenancy early a few days ago.
The deed of surrender was signed over a month prior to my vacating the property and a new tenant was found for the property.
Now this is where things get difficult. On the SAME DAY I was moving out (literally 10 mins before i locked the doors for the last time)I was called by the estate agents managing the property to inform me that the tenant who was due to move in had cancelled.
Now they are saying that, in accordance with the deed of surrender I am liable for the rent until a new tenant can be found.
Surely the new tenant should have been held responsible for these charges? The estate agents are saying that the new tenant didn’t sign a tenancy agreement but how is that possible? Are you really allowed to wait until the same day as your move before signing a tenancy agreement?
I gave the estate agents 3 months notice that I wanted to end my tenancy early, I paid the landlord an exit fee along with administration costs and paid up until the last day of my agreed moving out date all weeks in advance.
Furthermore I ensured the property was available and presentable at all times when viewings were requested in order to assure there were no hindrances to finding a new tenant.
Surely there is some negligence on the estate agents behalf going on here?
what does the deed of surrender say? At least you want your exit fee back and admin fee as not your fault. I cannot believe a contract was not signed with a new tenant . I believe you have a good case . Assume you are now out? Tell them to eat coal
As Colin3 says, what does the deed of surrender say? Reproduce the redacted text here if you can.
A few things that spring to mind:
A deed of surrender is of no effect for a future event. It has to take effect immediately on signing. That doesn’t really work in your favour though.
I don’t believe that a deed of surrender can be conditional on a next tenant being found, so it may be that it was not valid anyway.
Did you receive any email/text/letter from the agent stating that you can now move out or that the tenancy has ended during this process?
What exit and admin fees did you pay and exactly what were they called. The Tenant Fees Act limits the amount that can be charged and the way it can be presented.
Regarding exit fees I paid the remainder of what the landlord had initially paid in advance to the estate agents for the year when i originally renewed my tenancy (back in June 2022) and the £50 deed of surrender fee. See below for the original email I received prior to being sent the deed of surrender
The Landlord is prepared to release you from the Tenancy Agreement provided you agree to refund the letting fee to the Landlord on a pro-rata basis at a rate of
5.5%+vat of the rent you are contractually obliged to pay from the date you are to be released from the Tenancy until 6th June 2023, as this is the end of the fixed term
Tenancy Agreement. For example, if a new prospective Tenant wants to take occupation of the property on 1st February 2023 you would effectively be released 127
days prior to the end of the fixed term Tenancy Agreement. The rent on a daily basis works out to be £46.03 per day so 127 days @ £46.03 per day totals
£5,845.81 of rent 5.5% is £321.52 plus vat totals £385.82. To be clear, you are refunding this to the Landlord. Please note that should a new prospective Tenant move
in before or after 1st February 2022, the amount that would need to be refunded to the Landlord will change accordingly.
We charge a small administrative fee of £50 inc vat for the deed of surrender document, this is required to formalise the early end of the Tenancy.
The total required to be paid is £435.82
Please also understand and appreciate that the Landlord releasing you from the Tenancy Agreement will also be strictly subject to a new Tenant taking occupation of
the property (subject to contract).
This is a copy paste from the deed of surrender I signed. I’ve obviously kept any personal info out of it.
WHEREBY it is agreed that:
1.
The Tenant of the Premises will surrender the Tenancy on 31st January 2023 and will vacate the Premises by midday on that date.
2.
At the Day of Surrender the Tenancy Agreement shall cease except that either the Tenant or the Landlord can pursue their legal remedies against the other for any breach of any pre-existing rights under the Tenancy Agreement.
PROVIDED THAT:
The Tenant remains liable for the Rent up an until the 31st January 2023 and will be responsible to pay for the Deed of Surrender fee of £50.00. Unless a new Tenant were to take occupation of the Property (subject to contract and referencing) and all obligations specified in the Tenancy Agreement including any liability for damages, telephone, gas, electricity, or other fuel charges, council tax and any other outstanding charges connected with the Tenant or the Tenancy until the Date of Surrender.
At the Day of Surrender the Tenant will return all keys to the Property to the Landlord or their Agent and remove all the Tenant’s belongings and any rubbish from the Property.
The extract of the deed you published is not conditional on a new tenant moving in. Unless there is some other clause, I would go back to the agent and say that having taken advice, your understanding is that the right of surrender as expressed by the deed is absolute and not conditional on a new tenant being found.
The final paragraph says its subject to.a new tenant so it seems clear the Landlord is just sticking to the agreement . He could easily just not accepted your surrender of tenancy and collected rent from you to the end of the tenancy so he was trying to help you but not at his own expense .