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james bruce
james bruce, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 2702
Experience:  Owner at James Bruce Solicitors
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Due to particularly serious health news involving my

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Due to particularly serious health news involving my parents, I am putting together a letter to the landlord explaining my family's health situation, asking to put the flat back on the market and assuring them that I will pay rent on the flat while we find my replacement. I hope the landlord sees they will not be disadvantaged and will allow me to go. This is as per the termination clause I have pasted in further down. Apologies for poor formatting.My query is regarding whether my replacement tenant can be found through other real estate agencies. The way the language is written below, it sounds like because the tenancy agreement was put together with one real estate agency originally, it cannot be marketed through anyone else. Given the current situation I would like to cast as wide a net a possible to allow me to plan to be with my parents as quickly as possible.19.2 Early Termination Costs
19.2.1 If the Tenant vacates the Property prior to the end of the Fixed Term (or break clause if applicable), the
Tenant will remain liable to pay Rent until the Fixed Term expires unless otherwise agreed.
19.2.2 The Landlord is not required to allow the Tenant to end the Tenancy early but if the Tenant asks the
Landlord to end the Tenancy early i.e. seeks the Landlord’s agreement to surrender the Tenancy, the
Tenant agrees that:
 The Landlord may market the Property to look for a new tenant; and
 The Landlord may grant a tenancy to a new tenant on reasonable terms and on the
commencement of that new tenancy this Agreement shall be terminated.
19.2.3 Where the Tenancy is terminated early (surrendered) at the Tenant’s request, the Tenant agrees to
pay:
 an amount equal to the difference between the original Rent and new lower rental figure up to
the end of the original Fixed Term, if the new tenancy is for a lesser rent;
 an amount equal to any pro-rata commission fees that have been incurred by the Landlord for
the unexpired portion of the Tenancy, if the Tenancy is terminated during the Fixed Term; and
 the Landlord’s agent’s reasonable costs in respect of the termination of the tenancy.
Example: if you rent a Property for £1,950.00 pcm and wish to leave the Property with 6 months
remaining on the Fixed Term and it takes 2 months to find a new Tenant you would be required to
pay:
 an amount equivalent to 2 months’ additional rent i.e. 2 x £1,950.00 = £3,900.00;
 an amount equivalent to 4 months’ commission, calculated as original commission paid
((£1,950.00 x 12 = £23,400.00) x 13.2% (inc VAT) = £3,088.80), minus commission paid for 8
months ((rent of £1,950.00 x 8 = £15,600.00) x 13.2% (inc VAT) = £2,059.20) = £1,029.60;
and,
 if the Property is re-let at a lesser rent e.g. £1,940.00 pcm, you would be responsible for paying
an additional sum equal to £10.00 pcm until the end of the Original Fixed Term, being the
difference in the original Rent and the new lesser rent, which would be (£1,950.00 - £1,940.00)
x 4 months = £40.00.
Therefore in this example the total owing would be £4,969.60.
19.2.4 For the avoidance of doubt this clause shall not take effect where the Tenant is operating a break
clause contained in this Agreement.Kind regards,
Munir

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

The sections you include above do not make any reference to a specific agent being used.

However, the landlord may be under contract with a certain agent to only list or advertise the property with them. I would recommend speaking with your landlord first to fund out, because if he is contracted, and you find a tenant from some other source, the landlord mat have to refuse that person to avoid being in breach of contract himself.

james bruce and other Property Law Specialists are ready to help you
Customer: replied 16 days ago.
Hello James,Thank you for your quick reply.I will follow your recommendation and will approach my landlord regarding the possibility of multiple real estate agencies. If he does have some contractual obligation, at least I tried.Kind regards,
Munir

You may be able to navigate round this by him accepting a new tenant you find. That way he would not have advertised anywhere else himself and not be in breach of any possible contract.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.