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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 21993
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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What is my position here; we have left a fixed tenancy agreement

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What is my position here; we have left a fixed tenancy agreement some 5 months before its conclusion. This is in the context of being fully paid up and good tenants and having discussed this repeatedly with the lettign agents. We left as we bought a house earlier than expected. The letting agents assured us that they would let the property really easily and that we would not have to pay beyond the three months noice we gave. However, the Landlord then raised the rental price by over 20% and the property did not let in the the three months, indeed it did not let for more than five months. The lettign agents even told us that it would not let at the new price. He has not charged us for the full five months and taken it out of our depost - surely this is unfair on his part - at a fair market price the property would have let in a month?
Submitted: 2 years ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Stuart J replied 2 years ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.

Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

How long was the original tenancy for?
Customer: replied 2 years ago.

12 months, this was the second period of 12 months. We told the letting agents very clearly at the end of the first 12 months that we may want to leave early if we found an alternative. They said very clearly, and I took a note of this, that there would be no trouble in letting the property, that this woudl take a maximum of two I gave them three months notice to be safe. The landlord then raised the price by nearly 25% and guess what, no one rented it. That was five months ago, he has now dropped the price to a more realistic level, but wants us to pay for the whole five months...

Expert:  Stuart J replied 2 years ago.
In the second tenancy agreement that you signed, how far into it were you?
After how many months did you leave?
Do you have it in writing from agent or is it in the agreement that you could leave early?
Customer: replied 2 years ago.

we gave notice after 7 months with 5 to run, we gave 3 months notice, so the only issue here is the final 2 months.

We did not have it in writing that we could leave early just a note I took of a meeting in which they said it would be no problem at all because it was very easy to let the house. although there was no break formal break clause we too this as reasonable reassurance and that with three months notice there would not be a problem. Then he raised the price and it did not let, not only for those three months but for the full five months.

Expert:  Stuart J replied 2 years ago.

Not getting it in writing from agent or landlord was a big mistake if they deny having agreed that.

If the landlord pursues it you will be chased for rent till end of term at the price you paid or until he gets a new tenant.

If he raised the rent to an unacceptable level, that forms part of any defence to any action by him as does the agreement with the agent, who, after all acts for the landlord.

If he issues proceedings you will have to defend them on the basis that the notice period and early leaving was agreed.

Does that answer the question? I am happy to answer specific points.

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Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 21993
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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