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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6461
Experience:  BA (Hons), PgDip, Practising Solicitor
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What is te risk if I leave bfore the end of my contract and

Resolved Question:

What is te risk if I leave bfore the end of my contract and after giving a 4 weeks notice . The estate agents have foun a tenant who will move in starting from March .But I have been asked to pay for February and I am leaving in end of January . I am happy to release the deposit but cannot pay more
Submitted: 1 year ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi,

Does this relate to an assured shorthold tenancy?

If so, please state when the fixed term of the tenancy is to expire?

Please state the date that you are prepared to pay rent up to?

Kind regards.

Tom
Customer: replied 1 year ago.
Honestly I don't know what kind of tenancy it's. The tenancy is supposed to expire in march 2014 it was a 2 years contract . But due yo financial issues we have to leave on 31-01-2013 . I have given them a 4 weeks notice . My rent is 1200gbpand it is paid until tomorrow . The agency has found a tenant to move in in 01-03-2013. But they are asking me to pay February rent (1200 gob)+ an early vacating fee (1400gbp) I don't have any money available and the only money available is the security deposit that I would be happy to release (1600gbp).
Thank you
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

I appreciate your financial circumstances, but by moving out and not paying rent you have left yourself exposed to liability.

If there was no tenant to move in then the landlord could sue you for the balance of the rent owing under the Contract. They would probably get judgement at court on a couple of months worth of rent, plus legal expenses, court fees, interest and any other fees that have to be paid to fill the property again.

As an absolute minimum they will be able to get judgement on the amount of rent that you should have paid until the new tenant moves in. If you literally have not money to pay them then you will have to wait until they have arranged for a new tenant to move in to the property. You should then enter negoations with them on the sum that they claim for and suggest a repayment plan to avoid it going to Court.

The rent is certainly payable, as are any reasonable fees they have charged to arrange a new tenant. I am suspisious of the early vacation fee, because they can claim for direct loss and expenses that they have had to pay for but they can’t magic things up out of thin air.

You are going to have to keep in contact with them about the new tenant and then negotiate from there.



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Kind regards,


Tom
Customer: replied 1 year ago.
So since I agree to release the deposit which should cover the rent for the coming month before the new tenant moves in . And a third of what the agency is claiming as early vacation fees what do you think they can do to me can they take it to court ?
Expert:  Thomas replied 1 year ago.
Hi,

They will want the deposit to remain where it is until the checks have been carried out. If there are other vacation costs (eg. cleaning) then they will request a deduct from the deposit.

Any monies left over from the deposit you can release to them in settlement of their claim against.

If these monies are not sufficient to cover the reasonable charges of teh agent then they can still take you to court I'm afraid.

Please remember to rate my answer.

Kind regards

Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6461
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Property Law Specialists are ready to help you

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