Aibu to not pay rent on an empty home

[Lanabanana678]

Hey guys - so further to my previous thread.

The landlord let me end my tenancy early on the understanding I pay rent until the next tenants move in and also that I pay 2/3rds of the re advertising cost with the original estate agents. Fine.

So the EA’s told me the new people would be moving in on the 20th (today) so I had everything moved our days prior to this and I dropped the keys into the EA last night just before closing and confirmed with the young boy who’d been dealing with me that I was giving the keys back for the new people to move in tomorrow (today).

I text the landlord to say that I’ve done that and he said he has no knowledge of anyone moving in today. I ring the EA’s and they said that it’s now the 23rd that the new people are moving in on and I’m liable for the extra few days rent. Apparently this is because the property needs to air out for a few days due to Covid. ( I haven’t had covid and also the house has been empty for weeks anyway). They said it wasn’t their responsibility to tell me as the LL is their client not me ( even though I’m the one paying the majority of their fee).

Aibu to not want to pay rent on a property I now no longer even have keys for??

Thanks

how much are we talking?

do you have any paperwork/email/text with the 20th on?

Do you have it in writing that the new tenants were moving in on the 20th? If so, pay your rent until then. If not, tell them you will be back for the keys and to notify you in writing when the new tenants will be moving in.

The fee I’m paying is £350 and the rent and council tax for the 3 extra days is another £100. No emails, everything was done with the EA in person and over the phone

on the understanding I pay rent until the next tenants move in

If this is the exact wording you agreed to, then the next tenants move in on the 23rd and you are liable for rent until then.

If you doubt the agent is being truthful, you could knock tonight or over the weekend to check if anybody is there.

The agreement to allow you to end your lease early was on the basis that it would be at no cost to the LL. So ultimately, you have to pay until the new tenants start paying.

It's still a better deal than having to pay until the end if your tenancy which legally they could have enforced.

When does your tenancy agreement end? Because the landlord has done you a favour by letting you end it early. Why are you now quibbling about it being a few more days before the replacement tenants move in?

I wouldn’t; I suspect the EA messed up with what they’ve done and are now trying to back peddle. Hear you had your deposit back?
In future always good to have these communications in writing.

You will need to pay until the new tenants move in or the date their tenancy agreement starts, whichever is soonest.

LL cannot take rent from two sets of tenants for the same time period so if there is any overlap you would be due that portion of the rent back.

YABU just for using the phrase young boy unless of couse your agent employs school children.

Then ge the date of the new tenants moving in in writing. Go back and collect the keys and get someone to visit the property or go yourself. I wouldn't be surprised if the landlord was taking the opportunity to gather double rent for a portion of time.

I’m not quibbling over extra rent. I’m quibbling over paying 3 days rent for a property I don’t have the keys for and I’m supposedly not allowed in due to Covid? Which is utter rubbish

I cannot see how you can be held liable for it when you no longer have access to the property - if they have chosen to ''air it'' and not told you, that's on them.

In fact, I'd go further and tell them it is illegal and if you are being forced to rent until the 22nd you want the keys back now.

The problem here really is whether COVID comes under the heading of a regular move-out cleaning, for which you would normally be liable, I would think. I suspect there will be more of these cases soon, without the added red herring of early lease issues (i.e. “My landlord wants us out three days before next tenant moves in on the 1st for a COVID clean,” or, “Landlord expects us to pay for the three days our flat has to be empty due to COVID before next people can move in.”) But since as you say the flat has been vacant for weeks, and this is not some special cleaning but just “airing out,” I think the original move-in date was probably always the 23rd, they got the date they told you wrong, and now are just desperate for an excuse. I would tell them I’d drop off the payment tomorrow, and then they could give me the keys while I was there. But you have two problems.

1. Nothing in writing said the 20th.
2. Landlord allowed you to break your lease early, so I think you’re liable for the time until they have a tenant, by your admission.

So, if your big problem is not having the keys, just make the condition of payment giving you the keys until the 23rd.

i would also ask for the keys back and return them when your tenancy is actually over

The agents are correct about the covid "gap" requirement. They don't work for you, you are not their client, they are employed by the LL.

You owe the LL rent up until the start of the new tenancy. That;s the agreement he offered and you accepted.

The agent can deduct unpaid rent from your deposit.

What date did you start your tenancy, i mean how was 20 Nov agreed?

You owe the LL rent up until the start of the new tenancy. That's the agreement he offered and you accepted.

I agree with this I'm afraid.

You owe the rent

You've been allowed to end a tenancy early and lucky they've found new tenants in this climate.

The £350 fee seems high though.

Is the agent a well known agency?

How much money did it save you not having to pay a full months rent though OP? I think YAB a little U

It has worked out as almost a full months rent now anyway so I’ve not saved much at all @loobyloo1234

You don't pay their fee, the landlord pays their fee out of the rent you pay him!! You pay rent for the house.

OP, if it's working out to a full month's rent anyway, then why are you paying the £350 charge?

If you make informal arrangements , without the clarity of a written agreement covering all likely situations, then you cant really moan when it doesn't go entirely to plan.

The charge is to cover the cost of finding a new tenant because OP is vacating early. It is common practice for tenants to cover fees if the LL lets them out of the tenancy early.

The agency fee does seem high, but it is what it is and you agreed to pay it.

Normally you are not liable for any further rent once the keys have been handed back, but this case is slightly different because you are vacating early and agreed to pay the rent until the new tenant moves in. It would all depend on the wording of the email and what you agreed to.