Short Hold Assured 12 month Tenancy - URGENT ADVICE NEEDED

[gibbo2003]

Hi all

 

I have signed up for a 12 month joint tenancy with my partner during January 2012.

 

Since singing the agreement we have gone our seperate ways and he is no longer relocating to live in the property with me.

 

We have communicated with the letting agency and paid to re-advertise the property. I need some advice on how I can get out the property asap as I need to look for affordable alternative accomodation with my local council.

 

Since moving in the property we have came across the following issues with the landlord/letting agency :

 

- They refused to let me decorate the property (even though it was the same colours as they had just to freshen the place up)

- They have readvertised the property and sent me no receipt of the costs and taken it from my bond

- It took them over 1 week to re-advertise the property

- They are letting the property for £550 to me and have readvertised the property at £595 so this will mke it more difficult to get tenants attracted to the property

- I asked for permisson for 2 weeks to see if I could get a pet dog to live in the property now I am a young female living alone. They kept replying we will let you know tomorrow!

- The inventory was really poor and basic - I have sent them pics of problems I have found in the property to prove I didnt cause any of the damage. I am still waiting for an updated inventory as I have not signed the orginal yet.

- I asked for a second copy of the tenancy agreement as my expartner has the original. Still awaiting a response - even though I have now managed to get a copy of my ex.

- I informed the letting agency my phone was broke so they need to communicate via email. Still trying to leave voicemails on my broken phone.

 

I am really dissapointed with the company as I feel once you are in the property they dont care about you as long as you paying the rent.

 

Can anyone please advise how I could get out of this agreement as soon as possible as I have been trying to speak to my local citizen advice centre however they are really difficult to get in touch with to make an appointment.

 

Any little bit of info will be a big help

 

Thank You

 

Emma

[rebel11]

Hi gib

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

Thread has been moved to the correct forum.

[The Carpet Cleaners]

There is a good sticky at the top of this forum with most of the information you need.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?116844-Tenant-leaves-early-whether-landlord-has-a-duty-to-mitigate-his-losses-new-caselaw

 

The insufficient inventory works in your favour, as does the taking of photo's, make sure that you do the same when you leave.

 

When all is said and done, the agents responsibility is to the LL not the Tenant, so don't expect them to bust a gut for you. In a nutshell they have no legal responsibility to re-let the property, and you are liable for the rent until the last day of the original AST (next Jan), so if you were to go to the agents and discuss with them how receptive they would be to you finding a new tenant for them, otherwise, you are at the mercy of how slow or fast they wish to operate. They do have the right to deduct any advertising costs to find replacement. You are at this moment in time very much on the back foot I am afraid, so get into the agents and talk to them asap.

[gibbo2003]

Thank You for your response

 

Are they able to re-advertise the property at £595 if I am currenlty paying £550 ?

[The Carpet Cleaners]

Afraid so.

 

They can advertise it at whatever price they wish to even £2000 per week if they so choose. However in reality they want to get a happy tenant in there, so they must think that £595 is in line with other properties in the area, you have just got to hope that someone wants it fairly soon.

[gibbo2003]

I will contact them today and ask about advertising the property myself.

 

I am currently with a debt management company. If I wish to move out the property and I need to continue to pay my £275 (half the rent) could this be added onto there so I can afford rent on another property?

 

Sorry for all the questions.. as you can imagine this is so confusing for a young independant female.

[The Carpet Cleaners]

I am currently with a debt management company. If I wish to move out the property and I need to continue to pay my £275 (half the rent) could this be added onto there so I can afford rent on another property?

 

You should go over to the debt side of CAG with that question. There are plenty of people there who are more than qualified to help you with it. I on the other hand do not know anything about debt management, so cannot help you with it.

[gibbo2003]

No problem thank you very much for your help you cleared up some questions I had

[mariner51]

Did you and ex both sign AST as joint Ts?

Is there a break clause in AST? (prob after 6 month point).

 

If joint Ts, then either are equally liable for full rent, if ex isn't paying you are liable for full rent and would have to sue ex for his share.

If there is a clear break clause, you can hand in letter to actiivate the clause and provide NTQ when break clause is active. This will end your T (say 30th June?).

If no break clause you are liable for full 12 month fixed term. You can only leave earlier if

1. LL accepts your surrender. So contact LL, not LA. LA are required to give you LLs direct contact details within 21 days, if you request in writing

2. A new T, acceptable to LL, is found. Your liability & T will end when new T moves in. So anything you can do to find a replacement T will help you.

3. You could find a single person to share with provided LL is happy to take ex's name off the AST and add new Ts name with yours. Some admin cost may be involved.

4. If current AST does not prevent sub-letting, you could always find a lodger to share rent & bills.