ending tenancy

[charliloup]

Hi everyone,
I'm French.My daughter has been living and working in Oxford since september 2010. She has a lease until september 2011. Unfortunately, her job is to be over on june 15th. She's found a new job, starting june 20th, in France.
She has told her landlord on march 15th of this situation, but he said she will have huge sums to pay, including : Deed of Surrender, Inventory check-out cost, new Tenancy Agreement, new inventory, new inventory check-in, Tenancy Deposit Scheme fee.
I have no idea of tenancy laws in UK, but it all seems a bit too much to me, and I'm afraid that she's being taken advantage of.
Has she got the right to end tenancy early without fees for losing her job and having to go to another country ? Does she really have to pay all this ?
Thanks for helping us !

[cazzz1975]

she or you need to examine the terms of her tenancy agreement, generally you cannot just end a tenancy agreement if you have agreed to a specific term, sometimes its easier and cheaper to continue paying the rent on the property when you have moved out until the agreement ends, than trying to leave earlier and paying various fee's

[ladybirder]

I checked out of a rented property after 8 months of a 12 month agreement. The agents found another tenant to take my place but I had to pay the landlady's costs of finding a new tenant. Your daughter will of course have to pay for her inventory check-out as well. No idea what Deed of Surrender is, and she shouldn't have to pay anything to get her deposit back. The landlord could hold her to the agreement and make her pay for the remainder of her tenancy though.

[ChuckFickens]

I can't see how she can be responsible for the new tenancy agreement, new inventory check in and the tenancy deposit scheme fee as these are all payable by the new tenant when they move in. (and I'd bet that the letting agency will charge the new people too!)

Far be it for me to suggest that it might be cheaper if she just left on the date she wants to and returns the keys to the letting agency. OK she will loose her deposit but that might be cheaper than paying to get out early and they are not likely to chase her down in France.

(congratulations on your English BTW, it looks better than mine :))

[charliloup]

to ladybirder : they say that the deed of surrender is : £100.00 + VAT (the document which will formally end your responsibility for the property)
It's really weird to see the huge differences of law between our 2 countries !
to cazzz1975 : the amount of breaking the agreement is cheaper than paying the rent until september in this case
Thanks for your answers

[ladybirder]

Chuck the new tenant will still have to pay their costs of moving in but the landlord will have costs as well, ie his share of the new tenancy agreement and his share of the inventory and these are the costs that the daughter would be liable for as these would not have fallen to the landlord if she had not broken the agreement.

[charliloup]

to ChuckFickens : I also find that a little bit strange, but I thought that maybe that's the custom in your country. Seems that it's not ! i'll tell her to argue on that.
English is a language I just LOVE since I'm 10. It's no coincidence if my daughter chose to try and make a life in England :p (should I add that my written English is far better than my spoken English ? No I shouldn't, it would ruin it all !)

[ladybirder]

Charliloup are you dealing with a lettings agency here or a landlord?

[charliloup]

an agency representing a landlord

[ladybirder]

Are they a member of ARLA (Association of Residential Letting Agents)? If so contact them and take advice. If not talk to Shelter who will give you good advice. Here is a link.

http://england.shelter.org.uk/

You will then have to make a decision as to whether it is cheaper to pay the rent up to September plus inventory checkout etc or leave early. Sorry for your trouble. I have been on both sides of the fence as a tenant and a landlady so I sympathise.

[ChuckFickens]

OK, just pulled my tenancy agreement out and the relevant section in mine says....

Early Termination, the Tenant agrees, in the event of this Agreement being terminated before the end of the tenancy, by the tenant in any way, to pay £525 plus VAT, an agent administration fee for the entire cost of remarketing and re-letting the property; and to pay the entire costs of the check in; and any loss of rent incurred by the landlord as a result of the Tenant breach.

I believe mine is a fairly standard agreement as I have a sample copy of a new tenancy I'm looking at to hand too and that says pretty much exactly the same thing.

[ladybirder]

Yup sounds about right chuck. The trick is to never sign for more than 6 months and then a rolling contract.

[charliloup]

the only thing that's said is :
To reimburse and compensate the landlord and his agent for all reasonable costs, commission, other losses and expenses arising from the following : ... the tenant requesting to be released early from the obligations arising under this agreement.

[ladybirder]

It is going to cost you, just make sure you are not ripped off by talking to the people I suggested while you have your tenancy agreement in your hand. Good luck.

[charliloup]

I've emailed the link to my daughter, and told her to go as soon as possible, with all documents.
You've all been great, I thank you with all my heart !

[Marta]

Hi, I am in a similar situation as your daughter. Could you tell me please, what happened in the end? Does she need to pay all those fees?