5 days in to a Tenancy agreement and wanting to quit

[GreatWonder]

I signed a 12 month tenancy agreement, with a 6 month 'break clause' (if that's what it's called) just before the Bank Holiday weekend (5 days ago). For personal reasons that I don't think would affect the advice required, I am looking to exit this agreement. I haven't moved any personal effects in to the property yet (I've only done a bit of cleaning). I don't have the tenancy agreement to hand (it's at the property), though I can only seem to recall in their charges list, an 'early re-let' fee of £195.

 

I'm aware that some agreements include a clause whereby the tenant is liable for rent until a suitable new tenant can be found, but if this agreement does not have this inclusion, would I be liable for just a £195 charge?

 

And on the off chance, if there were the additional clause would I be likely to have course for renegotiation, I'd be willing to offer a max of 1 months rent. There is little likelihood that I will be able to fulfill the tenancy due partly to health reasons.

[Kraken1]

It is likely that you will be liable for the rent, sorry. You can try to negotiate with the landlord but he is under no obligation to agree to ought.

 

Best option is to find a replacement tenant. Whilst the LL is not under any duty to mitigate his losses and find a replacement tenant there is nothing stopping you doing so.

[Planner]

 

I'm aware that some agreements include a clause whereby the tenant is liable for rent until a suitable new tenant can be found, but if this agreement does not have this inclusion, would I be liable for just a £195 charge?

 

Really? Does the agreement not say you will pay £xxx on X date for 12 months?

 

Rather than leaving it to the LL/LA to find new tenants, could you suggest anyone?

[Kraken1]

thinking on this I suppose you could tell the LL that you will be exercising the break clause now, and offer not to move in at all. He might prefer this option, especially if you sweeten the deal with a months rent or something; offer something to ensure he is not out of pocket and is a few quid up if he finds a new tenant within a few weeks. It will cost you, but not as much as 6 months rent.

[GreatWonder]

thinking on this I suppose you could tell the LL that you will be exercising the break clause now, and offer not to move in at all. He might prefer this option, especially if you sweeten the deal with a months rent or something; offer something to ensure he is not out of pocket and is a few quid up if he finds a new tenant within a few weeks. It will cost you, but not as much as 6 months rent.

 

That's what I was thinking. The property could be back on the market within the next few days and the agency would have a few hundred quid in hand for doing, well not a lot.

 

I was also wondering what is involved in an eviction procedure? If they are not interested in negotiating, what would happen if I just was not forthcoming with the rent? Would this not in theory end the tenancy agreement forthwith? Or are there more costs involved?

[Kraken1]

yep. At the very least two months rent. then all the other stuff. Not a cost effective way of going. Would also make obtaining future rental challenging.

[GreatWonder]

yep. At the very least two months rent. then all the other stuff. Not a cost effective way of going. Would also make obtaining future rental challenging.

 

Yes, I've just read up on that. The agency / Landlord are entitled to any arrears on the tenancy agreement which I'm guessing would be 2 months before they commence eviction procedures. I guess I'm going to have to approach them with an alternative that is easier / swifter and mutually acceptable to both parties.

 

Can I ask re the future renting - obviously I would not be able to use the same agent in the future, but does your credit file get marked accordingly ie what marker can they put on there? I'm going to try avoid this route at all costs of course.