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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 27327
Experience:  Senior Partner at Berkson Wallace
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I need some help/advice regarding my renting contract. Is a

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Hello, i need some help/advice regarding my renting contract. Is a 3y term tenancy contract with no breaking clause. I managed to agree with the landlord to surrender the tenancy , but the agency is asking the 11% of the rent left from the initial agreement. Is around 5000£ been asked to be paid in full at end of the notice period. The reason we decide to leave UK is because the monthly costs start to be almost the same we earn, and we cannot afford to live this way anymore. Especially when we have an 2y old kid that requires extra costs. Is there any option we have as that amount is impossible for us to pay. At this moment we live almost month-to-month financially. Regards ***** *****
JA: Because laws vary from place to place, can you tell me where the property is located?
Customer: Kingston Upon Thames
JA: Has anything been filed or reported?
Customer: No
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No

Hello. My name is***** you for the question.

It is my pleasure to assist you today.

I have been in the legal profession, in High Street practice, for almost 30 years so I have wide range of experience in a great many different aspects of law.

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Kind regards.

How long into the tenancy are you and are you asking if this is a reasonable amount of money?

Customer: replied 8 days ago.
3years , basically when we will move I hope we will have the money for the tickets
Customer: replied 8 days ago.
I just need to find another option (if there is any) as that amount we can't pay in full as they request

As you appreciate, if there is no break clause and you are ending the tenancy early, then you are liable for the rent until the end of the term or until the landlord gets another tenant. The landlord is under a duty to get some of the tenant and with the way the rental market is at the moment, it would be very long.

If you are leaving the UK of course they have to find out where you are which may not be particularly easy and they would then have to issue court proceedings against you in the UK but serve them abroad and once again not easy.

Customer: replied 8 days ago.
Thank you very much for your time and quick answer. As the landlord will move in , is no need for me to pay the rent in full. As we don't have that amount of money to pay it in full, only way is to find an agreement with the agency that work ok for both of us ?
In worst case scenario , if we don't agree and we can't pay , what i should expect next ? How bad is a court order and how will affect us in the future ?
Your answer and help is much appreciated ! Thank you again ! Regards, Marius.

If the landlord is moving into the property, then you would only have to pay the rent until he moved in. I wouldn’t be paying the agency what they’re asking for, just that rent

Customer: replied 8 days ago.
This is the part in the contract that the agency is hanging on.
The rent i will pay till the end of notice as I agreed with the landlord . They will move into the flat right after as they got a situation aswell .
This is the weirdes contract i ever had for renting.

I can’t read that I’m sorry. It would need to fill the page be in focus, be square on, and upright. However it doesn’t matter what it says my answer remains the same. For you to be responsible for the rent, the property has to be available for you to living and if he is living in it, then it cannot be.

Customer: replied 8 days ago.
Thank you very much for your advice ! I hope i will sort it out . Thank you again and have a wonderful afternoon !

No problem. Glad to help. The sun has got his hat on today although it’s been very wet and breezy recently. Kind regards

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