Hello, our rental contract ends on the 1st of September, however we asked our letting agent if we could leave one month early, on the 3rd of August. This was agreed to by the landlord (they agreed to release us from the tenancy one month early), but they said that we would be liable to pay the re-let fees of £150+VAT. I challenged this as our contract states ‘the Tenant will be liable to pay administration fees of half of the monthly rent plus VAT (which will not normally be charged if such early termination takes place during the final month of the Term).’ As early termination would be taking place within the last month of the term, we advised them that we didn’t believe the fees were appliccable to us, and as such, we would not be paying them.
They then emailed back saying that the landlord has now decided not to release us from the tenancy a month early, which seems to be a clearly spiteful move on their part. Our contract states that permission to try re-let will not be unreasonably witheld, which we now feel it is being. The house had been put back on the market, and I have asked if it still is still on the market. We know that we are liable for the rent until the 1st of September, but if they take the house off the market, we obviously won’t be able to find a new tenant to take over from the 3rd of August as originally hoped, so we will of course end up paying the full months rent (£625) anyway.
Once our landlord has agreed in writing to release us from the tenancy one month early, and to try to re-let, can they then legally revoke this? It seems to have been done purely to ‘get back at us’ for daring to question them. Section 1.9 of our contract states ‘For the avoidance of doubt it is accepted that the tenant cannot terminate the tenancy within the first 24 months of the tenancy whether in occupation or otherwise. The tenant shall be liable for all rental and other outgoings and covenants within this agreement as if they were in occupation unless otherwise agreed in writing by the landlord or his agent, but permission to try to re-let will not be unreasonably withheld.’
If they get back to us and say they have taken the house off the market, and are not actively trying to find a tenant to take over from the 3rd of August as previously advised, what can we do about this? Thank you for any and all advice, we are incredibly angry at them for doing this to us, it is extremley unprofessional, and unwarranted too. We have lived here for 3 and a half years and have had a multitude of issues with both the landlord, and agent with regards to essential repairs, so this just adds insult to injury. Thank you.