Agents chasing for payment but I have moved out?

by Readers Question

8:23 AM, 31st July 2015
About 3 years ago

Agents chasing for payment but I have moved out?

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Agents chasing for payment but I have moved out?

I rented a house which had 12 months minimum term. This was unknowingly signed by me and my wife because we discussed 6 months. We had intention of staying in the house for 6 months because we were already looking for mortgage to secure our own house.moved

Luckily after staying for 7 months (March 2015) we sent an email to agent that we have intention of leaving the house in April ending because we have secured a house. This email suppose to give the agents 2 months notice i.e. March and April. The agent replied that they have got a tenant who will be ready to move in by 1st of May which seemed okay for us.

At a point in time there was a bottleneck in the mortgage coming forth quickly, I sent an apology email to agent that we will not be able to move by April ending but unfailingly we should be able to move by May ending. The agent expressed disappointment and said the tenant is not ready for May ending but they have to look for another one.

Shortly they told us that they have been able to get a tenant which is ready to move in by May ending. By middle of May, we have started moving out and by 25th we have moved all our stuff to our new house. About the time we have moved all our things out of the house the agent called us saying the search for the new tenant is not running through and they would not give the house to him and that I will be responsible for paying the rent until they get new tenant.

I have move out since May 25th but now received a mail from the agent that I have to pay for June and if not the will submit submit a claim against me, which will affect my credit history and have a CCJ on my records.

Please could you advise me on what to do.

I have argued that I gave them 2 months notice before I left and it was not my fault that the credit check of the proposed tenant not running through, but they are insisting that I will have to pay until they have a new tenant. They have gone to my previous energy provider to send me bill of June which is not my responsibility.

Please how do I argue this out. I am paying my mortgage and how do I pay someone else s mortgage at same time.

Thanks for your time.

Akin



Comments

Neil Patterson

8:24 AM, 31st July 2015
About 3 years ago

Hi Akin,

Can we assume the contract you signed runs until August?

Akin Adeyemo

8:40 AM, 31st July 2015
About 3 years ago

Yes the contract runs out in August

Mike McDonagh

10:01 AM, 31st July 2015
About 3 years ago

You will be liable until the end of your tenancy agreement or until the property is re-let whichever comes soonest. Re utilities you can notify the suppliers of your new address and that you no longer want any supply at the old one which is now unoccupied and ask them to close your account there and disconnect the supply.

Steve Masters

10:10 AM, 31st July 2015
About 3 years ago

Unless there is a break clause then I suspect that legally the agent is correct and the landlord is entitled to rent until August. The agent and landlord are acting reasonably in charging you rent only up until they find your replacement tenant. It is no ones fault that the prospective tenant failed. You will be liable for the rent when the property was empty in June and July, that makes you two months in arrears and the agent/landlord can issue a section 8 notice for rent arrears and take the matter to court.

I suggest you negotiate with the agent and come to some arrangement. It will be a small price to pay seeing as your move to your new house went through smoothly without having to put all your belongings into storage.

Eduardo Prato

11:58 AM, 31st July 2015
About 3 years ago

Agree with all of the above, and particularly with Steve Masters. Try to negotiate something with the agent, but I'm afraid they have the upper hand. You have a contractual obligation to pay the rent until the end of the tenancy, unless both parties terminate the contract (by agreeing to new terms, i.e. negotiate an exit option)... but BOTH parties must agree to it.

Good luck!

Akin Adeyemo

5:21 AM, 1st August 2015
About 3 years ago

Thanks everyone for your comments and advice. I have a case against the Landlord and the letting agent ever before I moved out and hope I could use this against them.

Before I moved in I told the agent that the back garden door is not secured and someone can easily open it from outside. Its a short door and securing the bolt lock with padlock does not prevent it from been opened from outside. The agent told me they would tell the Landlord and something will be done about it. For few months nothing was done until thieves attempted to break in through the back door and attempted to remove the window to the lounge to gain entrance into the house. I could remember hearing a noise in the night and flashed my telephone flashlight towards the direction and that was how the noise was silenced. Next day I checked what was happening and noticed their attempt to remove the glass. I called the Landlord and told him about it. I told him I will have to put 2 new bolt lock and padlocks on the gate which he agreed with. The mistake he made was he never agreed to do it himself.
Secondly, I reported to the Landlord that the water level at upstairs bathroom was low, One has to use bucket to fetch water to have his bath because water coming from shower is not sufficient and when someone is using water downstairs, water cease flowing. I told him about 3 occasions but he never had anything done through out the period of staying there (almost 10 months)
I would think these are enough points to argue an exit from a house I was feeling insecured(had to use my money to fix security issue) as well as water issue at upstairs bathroom. How would you see my point of argument please?
Thanks for your time

Jay James

10:44 AM, 1st August 2015
About 3 years ago

Reply to the comment left by "Akin Adeyemo" at "01/08/2015 - 05:21":

Firstly Akin, you accepted the situation with the back door by moving in. It would not seem legitimate for you to now resurrect the issue.

Secondly, the water issue is irritating but minor compared to the many issues seen on this site. It does not seem anything but vexatious to raise the matter.

These points are not nearly enough to warrant ending the agreement you made .

However, you could again ask the landlord to agree to end the contract you made with him. Don't forget that he has already answered though - by very reasonably agreeing to end the contract (that you made with him) at the sooner of finding a new tenant or its original end date.

H B

17:55 PM, 1st August 2015
About 3 years ago

"This email suppose to give the agents 2 months notice i.e. March and April. The agent replied that they have got a tenant who will be ready to move in by 1st of May which seemed okay for us."

Your exchange of emails demonstrates that the agent accepted your decision to move out by finding a replacement tenant.

Had the agent immediately referred you to the contract and stayed that it would be enforced, you would be forced to pay. However it appears that the landlord implicitly accepted an early termination and so cannot now go back to the initial contract.

State all this in writing to the agency and tell them to stop pursuing you.

Jay James

19:48 PM, 1st August 2015
About 3 years ago

Reply to the comment left by "H B" at "01/08/2015 - 17:55":

This is only the case if the landlord has a new tenant.
It seems the landlord has not got a new tenant.
Hence it seems Akin is still obliged to pay up.

H B

20:37 PM, 1st August 2015
About 3 years ago

Reply to the comment left by "Jay James" at "01/08/2015 - 19:48":

A lot would come down to what was actually stated in the email exchange. Did it accept early termination?

I would ask a lawyer for advice.

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