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roithamer

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  1. We got back to them saying that 12hours a day with 7 days of week availability for the viewing is too much, but they (Foxtons, grr) said that they won't amend anything on the agreement and that we basically have to deal with it. And that they're "the most successful agency" because they're always available to view houses at any time. They even wanted to view the flat today and we haven't even signed the agreement yet! I'll just swallow it and get on with my life, dealing with this bunch of terrible people (Foxtons) is too much for my health.
  2. Thanks for replying, marmaris30 While taking out the actual dates, I wrongly changed 2014 to 2013 - anyway, the clause is: "The Tenant hereby surrenders to the Landlord the Tenancy Agreement and the property on 6th April 2014 and the Landlord hereby accepts such surrender." So I guess that should be the moving out date. So do you think then that the 3 months of free rent is a good compromise then and we couldn't have asked for more? You're right, I'm sure they wouldn't be here all the time for viewing, but I'm not sure what you mean in your last sentence - this is a rented property. The deposit's protected by a TDSL scheme on deposits.co.uk. So, again, leaving the deposit clause unchanged is something to be expected and is reasonable, right? I'm just a bit worried that he might want to propose some unreasonable deductions, since unfortunately he hasn't proved to be very reasonable so far during our tenancy. There are some additional minor scuffs on the walls, and we think he might want to charge us for redoing the painting in the whole flat because of those. Out of curiosity, would you happen to know how much would that cost? Clause 2 is "It is hereby agreed that the Tenant shall not be liable for any payment of rent for the period from 7th January 2014 onwards.", so together with Clause 1 it is my understanding that the surrender is on the 6th of April which is the same date as the moving out. Does this make sense to you? Yeah, it is a bit weird to only have those 3 listed. Not sure how I could ask for a complete list of issues to be addressed, I would trust their common sense on this. This deed is from Foxtons, so I suppose they would be the witnesses? The agreement is required to be signed by us the tenants and the landlord - do we need any other signatures? Thanks again!
  3. Thanks a lot for the reply. So do you think I should suggest a re-wording of that clause or is it ok as it is?
  4. Hello. First post, hope this is the right section. Our landlord wants to sell the property and since we don't have a break clause (we moved in 3 months ago for a 2-year lease), we as tenants agreed on breaking the contract under the conditions: 3 months of free rent and moving out in Apr. Now the next step is to sign the deed of surrender and, since I'm new to this kind of paperwork, I'm seeking for an opinion on the clauses in the agreement. DEED OF SURRENDER Agreement 1. The Tenant hereby surrenders to the Landlord the Tenancy Agreement and the property on XXX 2013 and the Landlord hereby accepts such surrender. 2. It is hereby agreed that the Tenant shall not be liable for any payment of rent for the period from XXX 2014 onwards. 3. It is further agreed that the Landlord shall return the deposit paid on the grant of the Tenancy Agreement in the sum of £X,XXX in line with clauses 17 and 19.2 of the agreement 4. The Tenant agrees to cover the checkout inspection in line with clause 14.1 of the Tenancy Agreement. 5. The tenant agrees to cover the cost of professional cleaning at the end of the tenancy in line with clause 4.4 of the Tenancy Agreement. 6. In consideration of the Landlord accepting the surrender of the Tenancy Agreement and the Property, the Tenant hereby releases the Landlord from all future claims, demands, liability and obligations in respect of the obligations in the Tenancy Agreement to be complied with by the Landlord. 7. In consideration of the Tenant surrendering the Tenancy Agreement and the Property the Landlord hereby releases the Tenant from all future claims, demands and obligations in respect of the obligations in the Lease to be complied with by the Tenant. 8. With the Tenant agreeing to surrender the tenancy due to the Landlord wanting to place the property on the market for sale it is agreed the Tenant will provide access with reasonable notice and during working hours 7 days a week between 8am and 8pm to allow the appointed sales agent to conclude a sale of the property. 9. The Tenant is aware and agreeable that the Landlord will not be addressing any cosmetic maintenance works and will only undertake any urgent works that affect the property being habitable for the Tenant ,i.e. heating, electrics and plumbing. ----- Does this look like a reasonable deed of surrender? I'm slightly concerned with - clause 8: seven days of week of flat viewings seems excessive maybe? And does this mean that they're allowed to come in even if we're not home? - clause 3: since we're doing the landlord a huge favour by allowing him to sell it, wouldn't it be reasonable to expect a full refund of the deposit? Well, thanks for any help or opinion on this
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