Surrender fixed term tenancy due to Covid

[vivimimi]

Hi MNers - Greetings.
My job is at risk and hence we are planning to terminate our fixed term tenancy early (falling short by 5 months). This is mainly because I fear that I may not be able to continue bearing the rental costs. We are planning to move in with our relatives, who have graciously agreed to host us for few months until I find alternative employment.

I have spoken to the EA and although he verbally said that LL understands my situation, yet he wants me to sign a letter that lists all costs (as attached).

I'm giving 2 months advance notice for termination.

Point 1: Rent until a new tenancy has started/ the end of your contractual term
I told him that whole reason I'm terminating is that I will be unemployed and cannot continue rental payments. To which he says we strongly believe we shall able to find tenant in 2 months time. Yet he cannot remove this line, coz someone has to bear the rental payments.

Point 2: Landlord’s re-letting costs I asked him if LL can share this cost, to which they are not willing

Point 3 & 4: seems completely unreasonable

There is no compassion from LL or the agent under these extra ordinary situations.

What do you think ?? What legal protection do I have ??? Can the EA get me to sign such clauses ???

You’re legally responsible for the rent until the end of the contract. Your employment status isn’t your landlord’s responsibility. They don’t have to let you out of the contract you signed.

Given the £££££ you’ve been blowing on the house you bought last year, surely there is something you can use to raise the funds?

your legal position is the contract you signed. Covid doesn't allow you to stop paying rent.

...although in practice it does as if this is England there are no penalties or evictions possible. Doesn't mean the landlord can't come after you for the debt, of course.

presumably you signed a new fixed term because you wanted security of tenure. This is the other side of that.

Sorry to hear about your situation. I'd give Shelter a call to see if they can advise and also give your contract a good look over to see whether those things are included.

If you do have to pay, get the total amount (no more than your rent) in writing.

Also regardless of the outcome, if you're definitely moving out get cancelling utilities, council tax etc payments asap as some may have notice periods.

The landlord is showing you compassion - they could easily say, "I don't care - you committed to a further 5 months of rent and I'm going to hold you to it." They're not - they're just asking you to cover the costs that are going to be incurred due to your early termination. Which is fair enough - it's not their fault, so they shouldn't be out of pocket because of it.

I have sympathy for your situation - I know you didn't choose this; but the landlord didn't either.

@DicklessWonder

You’re legally responsible for the rent until the end of the contract. Your employment status isn’t your landlord’s responsibility. They don’t have to let you out of the contract you signed.

Given the £££££ you’ve been blowing on the house you bought last year, surely there is something you can use to raise the funds?

Exactly. Maybe think about whether you can actually afford those fitted wardrobes or whether you ought to honour the legal agreement you have made with your landlord.

Thank you all.
@viques @DicklessWonder thanks for your comments. However things have recently taken a south turn after recent news from my employer. so all those plans have gone for a toss. Only if I had borrowed your crystal ball earlier I would have saved £££.

@Andthenanothercupoftea thanks, I have a call with Shelter tomo

@murbblurb @PowerslidePanda thanks for the inputs.

I am sure your LL would much rather have an empty property than one with a tenant who doesn’t pay rent and can’t be evicted. Let him think about that.

I think you will need to pay until the end of the tenancy. Your landlord might find someone quickly but in these difficult times he may not.

You knew all these terms back in June when you posted on this forum asking about how to get around leaving a 24 month lease early without paying fees.

You signed the agreement, you knew you wouldn't need the place for 24 months. This isn't your landlords problem.

Just cough up. Or rent out your lovely new extended house to cover the costs until your lease is up.

Those reletting costs are high! I'd be querying those. How much is the monthly rent? Our agent charges around £400 to find a new tenant and it's a one off cost.

Everything else sounds reasonable tbh. You're on the hook for the rent until the new tenant moves in. When are you moving out? Why have you given 2 months notice? If you are not going to be living there, can a new tenant move in sooner, reducing your rent costs for that period?

It seems pretty fair and reasonable really... the alternative is they don’t let you out of the contract and you have to pay all of it.

Those clauses are all standard when a tenant wants to leave early.

There is a massive rental under supply at the moment, he could re let it within days! But you will need to stump up his costs.