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Moving out early

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458 views 1 replies latest reply: 06 October 2016

In May, I signed a contract with my property agent. The end date of that tenancy agreement is April 18th 2017.

Though, I have found a flat, that I would like to move in to on December 5th. Consequently, I would like to move out of my current room,
The conditions in my contract were the following:
13.7 Should the Tenant decide to terminate the Tenancy early, they shall provide at least 30 days notice and will be liable for two weeks rent. The Tenant will also be required to find a suitable replacement for the Property. If the Tenant leaves regardless, he will be responsible for the full rent until the Agent find a new tenant or the end of his Tenancy, whichever the sooner.
When I wanted to double-check all of this would be alright with my agent, he told me “what I propose it to break your contract on 19th December, which is the end date of your flatmates’ contract”. This would indeed be interesting for him as this way he would have the entire flat empty and an entire family could move in apparently.
The consequence of that would then be:
I would have to give a 30 days notice,
I would have to pay my rent until 18th December included (13 days),
I would have to pay 2 weeks of rent as a penalty.
Though, I am unhappy with that as it would have been easier for me to find tenants to take my room and sign a contract running until April 18th. Indeed, I wouldn’t have had to pay the 13 days!
Morevover it clearly arranges my property agent that we all leave the flat on December the 18th.
After a long discussion with him, he finally accepted to make me pay 1 penalty week rather than two. Is there any way for me not to have to pay that much? (Knowing that he currently organises viewings without the 24-hour notice in advance, and that I have been waiting for him to repair various things in my house since May)
Thanks very much for your help!

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Hello Margaux, 

Your post is a bit confusing. but let me try to ride along: 

You have a fixed term tenancy until April 18th, but you want to move out sooner. 

If this is the case, your letting agent is free to strike any agreement with you for the termination of the contract. However, they have the upper hand in setting the conditions, as you’re originally responsible for renting the place until the above date.

That means they can charge you as much as they like and it’s somewhat of a good fortune, if you’re only getting out with a week’s rent as a fee. 

Else, is your letting agent trying to hustle you out with the rest of the tenants so they can market the property empty ? 

If that is the case, you’re free to not leave until the fixed term is over and they have no way to force you out of the property. You may simply move out as per the original contract.

Did I took a right guess with either scenario ? 

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