Leaving fixed term early

Hello everyone,
So here is the deal, myself and partner got jobs in another county and wish to leave our apartment about two months earlier before our tenancy comes to an end. Landlord agreed we get a replacement which we did but he opted out last minute. We got ourselves another place after getting this replacement and have made commitment (paid holding deposit). At this point, we are certain we need to leave the property in order for us to be able to work. We have both given our employers notice of resignation. Even gotten a new school for our daughter in our new apartment. We have gotten tenancy agreement for our new apartment. After the replacement opted out we have not been able to get another one. I understand that we may have to pay up all rents due for our agreed tenancy but this is going to be very tough as we cannot afford to be paying two rents for two properties. Kindly advise what we can do in this position or what are the risks involved if we still leave the property regardless. Leaving the property will mean we have about 3000 pounds rent left to be paid. Can we negotiate with the landlord to be paying the rent 100 pounds per month till we can offload all. (That is if he insists we continue to pay rents)

NOTE:

We have been good tenants, not owing any rent and pay rents 2 days before it’s due.

We have passed all our inspections and even got good references from our current landlord to our new landlord.

We have signed an early surrender agreement before the replacement opted out

We’d appreciate any advise or any suggestions as to how to go about this. We don’t want to be in bad terms with the landlord or risk having CCJs.

Thank you

Do you have in writing from the landlord or agent the terms related to you finding a replacement tenant?

It seems to me that you were unable to live upto your end of the agreement and therefore the rent is owed up until the end of the tenancy, or, the fees it costs for the landlord to find a replacement.

Your best bet may be to try to negotiate payment terms.

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Thank you for your reply. Yes we are unable to live up to finishing our tenancy. However, the property is already reserved for another tenant immediately our tenancy is finished. So th a major problem is covering the two months that we have left on our agreement. Most potential tenants we have seen want a long term tenancy and we only need someone to cover the two months period for us.

You will also be liable for council tax and utility bills until the end of your tenancy.

Your only option is to negotiate the repayment over several months. £100 a month is rather low in my opinion.

Alright… thank you for your advise, we will look into this. Really appreciate.

I interested, if it is still open. I can take the two months tenancy

I don’t think the LL deliberately hold back on a replacement tenant, the key word being suitable tenant. The incoming tenant will be giving the notice to the old LL . Therefore until anyone moves in or signs for a specific date you are liable for all rent, rates , Svcs’s etc. Whilst everyone fully appreciates your situ, in reality it’s one you created and not the LL.

Providing there are no damages you could agree to use the deposit, you could also pay 50% of the remaining due rent. Then agree and honour by paying any balance off over the following two months

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Thank you for your reply, the landlord eventually agreed we could buy off by paying one month’s rent which seemed like a very good deal so we have done that and now on the same page. He said he had to consider the fact that we have been good tenants with no issues. I am now relieved. Thanks to everyone for their contribution.

Hi,
Although you have signed a deed of surrender with your landlord, you are still liable for the rent and cost of marketing and replacing you with another tenant until your fixed term expires. Unless there is a specific clause that excuses you from that?
Your landlord should be marketing the property, although he is not under compulsion to issue the deed of surrender but since he/she has then should be taking the necessary steps to find another tenant.
With regards to your rent payment, you need to negotiate your payment plan, based on the fact that the landlord is not guaranteed to find a suitable replacement for you even if he is actively marketing and conducting viewings. Also have you sorted out your inventory and deposit ? As your deposit could also cover some of the rent due.
Regards and best wishes.

I have just sent a message how deed of surrender works but it’s good to know that you have resolved the issue amicably.

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If the agreement to “buy off” the remainder of the contract with one month’s rent was said in writing, (even SMS), then that should be enough to ensure no later funny business.

@David122 Yes both in WhatsApp message and they have sent the agreement which will be closed when we drop all the keys to the apartment. Thank you

I am so glad that your landlord has been reasonable. I felt for you, as you have been good tenants and done everything possible and have just been let down by your replacement tenant. You are working and not sponging on the state, I so hope your future goes really well, as you deserve.

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I think You should arrange meeting with current landlord and explain situation. If you’re such a good tenant I’m more than sure that current landlord will agree to help out and split anything you owe :slight_smile: Very similar to my situation and my landlord agreed even reduce to cost for me if I got another place to move in :slight_smile: