Tenancy Question Re: Utilities & Tax

[MichaelAwkward]

Quick question hopefully,

We've been renting a property for just over 2 years, and we've just signed a new 12 month agreement back in September. In October we started looking to buy a property (didn't plan it but the landlord wouldn't accept us becoming periodic tenants), in November we put in an offer in, and we're due to complete tomorrow and be moved in by the weekend.

I contacted the landlord (not the agency) back in September and told him we were looking to buy and what the notice period would be if we wanted to end the agreement early because the agreement doesn't have any break clauses and doesn't even specify what the landlords notice to us would be.

He contacted the agency, and came back and said 2 months. I gave this notice just before the start of December when I knew that we'd be completing either this month or in January. No problems, don't mind paying rent for that.

He's reletting the property and there's been a couple of viewings. We received a letter from the agency saying that we would be liable for the rent either until September 2018 or a new tenant was found. I've since confirmed with the landlord directly that we will only be paying rent again in January now (by email and verbally).

Regarding the utilities and council tax - am I right that his actions have constituted acceptance of a surrender of the tenancy and therefore we are only liable for those for the notice period also?

To be frank, the agency's tenancy agreement is riddled with errors so I don't think it would stand up if he tried to chase us for money, but by confirming that he's accepted 2 months notice surely we can't then be held liable for almost another year of utility and council tax if they don't find a new tenant?

TL;DR Landlord has agreed to end the tenancy, agents say we're still liable for the full term, where do I stand?

 

[jpaul]

sounds very confusing -
The situations I have had, the agency has been completely responsible for communicating with the landlord and I had no direct contact.

When the landlord originally said it was 2 month notice was that before the new 12 month agreement, so could the agency have configured the new contract without him being aware that it was 12 months, so he gave an honest reply at that time. ?

I would have thought the new written contract contents are what counts, even if he has verbally+email confirmed you will only be paying until January, hopefully he was not considering you would still be liable until sep2018 if it it was not rented for that continuous period - I think they could genuinely demand that sum as a penalty if that is what the contract permits, even if they re-let it. (so maybe you have to gently appeal to landlord, to confrim with agency that he will not apply this penalty if it is re-let)

On the other hand if the property is re-let the utilities+council will be payed by the next tenant, and when I had looked at termnating a contract early it was not deemed reasonable for him to collect any kind of double monies - the council would not accepts a double payment anyway, or a double payment of standing charge on utilities.

 

[MichaelAwkward]

Contact with the landlord regarding notice and ending the tenancy has all been after the new 12 month tenancy was signed. Like a couple of months after. He also said that he wouldn’t be charging us any of the costs of reletting, verbally and by email.

All of our contact is directly with the landlord, the only contact we have with the agency has been at the end of the tenancy agreements to sign the new ones, apart from the initial viewing and start of tenancy.

To be honest the letter from the agency read like a copy and paste of a standard letter they send out to all tenants.

The landlord was round this afternoon to check the condition of the property and he confirmed our last rent payment would be January again with me then, in front of my partner. He said he would check with the agency regarding utilities and let us know. To be honest he’s very confusing, he’s been a landlord for ages but doesn’t appear to have any idea about it even though he personally looks after anything (repairs etc).

 

[jpaul]

To be honest the letter from the agency read like a copy and paste of a standard letter they send out to all tenants.

but you would expect it to be a standard letter appropriate for the (hopefully) standard contract you had signed.

what does your contract actually say about contract length ?
it maybe a discretionary penalty rental payment, and they may not enforce it if re-let, but if it says you could be liable you need to get a definitive reply.
You need the deposit back too, so although it would not cover the rent up until sep18, make sure they will not be holding that until the re-let is assured.

If the landlord is not aware of what happens for utilities, for which they could not demand double payment, then (as you say) that is worrying, as that is easier to understand than the rental payment side itself.
It sounds like he will defer to what, the legally knowledgable agency, will demand.

Presumably it is not a mainstream letting agency - most of them know what they are up to, so to speak.