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Rent

Hello everyone,
This is something that happened to me last year.

I was set as a tenant for about a year(during term times), but I had something going on that I had to stop all my studies and head home.
So I informed the agency of my leaving in January. I was trying to search for ways(sublet or students who can replace), but the agency told me not to do anything-that they will handle it.
I ended up paying all my rent until June, which is 5 months of rent.

But today, I organised my files and found my tenancy agreement.
In clause 19.1, it is written, 'Give at least one calendar month's notice in writing in order to terminate the tenancy after the initial period. Should you vacate the premises earlier than the initial period or the expiry of the four-week notice period, you will remain responsible for the rent payments for the period.'

I'm not sure what the initial period is here, and I want to hear other people's thoughts on paying 5 months of rent for a vacated flat. Is this unavoidable since I gave them such sudden notice? Or could there have been a better way?
Original post by qjrz72
Hello everyone,
This is something that happened to me last year.

I was set as a tenant for about a year(during term times), but I had something going on that I had to stop all my studies and head home.
So I informed the agency of my leaving in January. I was trying to search for ways(sublet or students who can replace), but the agency told me not to do anything-that they will handle it.
I ended up paying all my rent until June, which is 5 months of rent.

But today, I organised my files and found my tenancy agreement.
In clause 19.1, it is written, 'Give at least one calendar month's notice in writing in order to terminate the tenancy after the initial period. Should you vacate the premises earlier than the initial period or the expiry of the four-week notice period, you will remain responsible for the rent payments for the period.'

I'm not sure what the initial period is here, and I want to hear other people's thoughts on paying 5 months of rent for a vacated flat. Is this unavoidable since I gave them such sudden notice? Or could there have been a better way?

When "the agency told me not to do anything-that they will handle it", did you cancel the direct debit via which you were paying your rent? Did they not tell you for how long you'd be financially liable? Did you ask?

Clause 19.1 basically says, "You can't suddenly end the agreement and stop paying rent. You need to give up at least a month's notice so we can find a replacement tenant." Your obligation to them is therefore one month's rent, not five. (Although you also need to check the contract for how it defines "period", and therefore what "initial period" means.)

However, if you've already paid for all five months, you're going to find it very hard to get that money back.
Reply 2
Original post by DataVenia
When "the agency told me not to do anything-that they will handle it", did you cancel the direct debit via which you were paying your rent? Did they not tell you for how long you'd be financially liable? Did you ask?

Clause 19.1 basically says, "You can't suddenly end the agreement and stop paying rent. You need to give up at least a month's notice so we can find a replacement tenant." Your obligation to them is therefore one month's rent, not five. (Although you also need to check the contract for how it defines "period", and therefore what "initial period" means.)

However, if you've already paid for all five months, you're going to find it very hard to get that money back.

They told me I was liable until they found a replacement, which they never did. They told me not to personally find a replacement and that I should let them handle it-find a replacement.
In May, they did tell me that I may not have to pay for June and that they have someone coming in. However, in June, they changed their words that they couldn't find a replacement.
I bank transferred the money, so there isn't any direct debit set.

What I think it's weird is that on the agreement, it seems like they're implying that a month is enough for them to find a replacement.
They asked me not to do anything that they would find a replacement. But I ended up paying for 5 months.

Should I ask for proof that they made an effort to search for a replacement?
Is this the kind of situation I need to ask a consultant for help?
Original post by qjrz72
They told me I was liable until they found a replacement, which they never did. They told me not to personally find a replacement and that I should let them handle it-find a replacement.
In May, they did tell me that I may not have to pay for June and that they have someone coming in. However, in June, they changed their words that they couldn't find a replacement.
I bank transferred the money, so there isn't any direct debit set.

What I think it's weird is that on the agreement, it seems like they're implying that a month is enough for them to find a replacement.
They asked me not to do anything that they would find a replacement. But I ended up paying for 5 months.

Should I ask for proof that they made an effort to search for a replacement?
Is this the kind of situation I need to ask a consultant for help?

Well, we still don't know what they mean by "the initial period", but assuming is means "the initial month", or similar, then you were only liable for one month's rent as the contract says, "Give at least one calendar month's notice in writing in order to terminate the tenancy after the initial period."

But it's too late now. You've paid the rent you didn't owe. They're not going to give it back. (In all likelihood, they made no effort to find a replacement tenant. Why would they bother when they knew you'd pay?)
Reply 4
Original post by DataVenia
Well, we still don't know what they mean by "the initial period", but assuming is means "the initial month", or similar, then you were only liable for one month's rent as the contract says, "Give at least one calendar month's notice in writing in order to terminate the tenancy after the initial period."

But it's too late now. You've paid the rent you didn't owe. They're not going to give it back. (In all likelihood, they made no effort to find a replacement tenant. Why would they bother when they knew you'd pay?)


...Well, I learned my lesson here. Better not make the same mistake.
Thanks for sharing your thoughts
@qjrz72

It's difficult without seeing the whole contract, but in general if you have signed a contract and then have to leave midway then you are liable to pay for the months remaining.

Sometimes this may change if they or you can find someone to replace the money that they would otherwise lose, but again this depends on what it is in the contract.

Oluwatosin 2nd year student University of Huddersfield

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