Unfortunately there is not much you can do apart from (1) negotiate a surrender (2) find a new tenant acceptable to the landlord who you can either transfer the existing tenancy to or a new tenancy to be granted and your's surrendered.
Whilst your circumstances effect you there is no contractual or legal basis allowing you to terminate because of this.
The landlord has to take reasonable steps to mitigate loss and cannot seek to penalise you, the 11% commission appears unreasonable if a new tenant is found and the rent under the new agreement the same.
I hope this helps. Do you have any questions or queries?
Firstly, you should discuss with Foxton if there is such a clause. You will probably want to assist to ensure that a new tenant is found asap.
Secondly, yes. Try to reach a compromise to exit the tenancy a cost effectively as possible.
Thirdly, if you leave for more than 21 days the landlord can claim you have invalidated the tenancy. But you could still be liable for rent, expenses etc.
I can review the contract but that would be an additional service. If you are agreeable I can send you an offer, you can then accept and attach the document to a message. I can also speak to you after 7pm tomorrow. We do not exchange numbers, I can send you an offer after 7pm and we get connected via the website.
Add the AST by attaching it to a message, via paperclip icon.
Thanks. I will review generally but do you have any particular concerns or queries regarding the contract?
I have reviewed the AST.
Unfortunately, the reference to what foxtons told you in your o/p above is also a contract term, clause 19.2. This makes negotiation difficult.
Clause 12.1 says no assignment (I.e transfer) or subletting without landlord's consent but consent should not be unreasonably withheld (meaning the landlord can only refuse if it can be established that is it reasonable to do so, I.e bad references, poor financial standing). So the landlord cannot refuse if you find a tenant of good financial standing with good references. However, you need landlord's consent to advertise the property, cl. 12.3. Although, this may be the only way to find a new tenant quickly. You can ask for consent to advertise but the landlord has absolute discretion to refuse.
Your options (1) accept cl.19.2 and allow foxtons to find a new tenant (2) ask permission to advertise property to find potential new tenants who you will introduce to foxtons / landlord (3) advertise without consent but you would be in breach of cl. 12.3 but if landlord refuses consent in option 2 then you are in the agent's hands (will they act quickly given that you have to pay rent to avoid breaching the tenancy and the risk of a bad reference following you). (4) try to negotiate a financial settlement to leave early. There is no rule of thumb here and the landlord does not have to agree.
The tenancy is on standard terms and there is no break clause. On the facts there are no statutory provisions allowing you to terminate early.
Hi, there is no break and the wording in cl.19.2 doesn't really effect the document.