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Early termination of Tenancy Agreement

Posted: Fri, 12 Jul 2019 5:09 pm
by tipis
Hi,

We signed the TA on 30th June 2019
we had earlier given an LOI with cheque on 28th June which the landlord signed on 29th June. We requested for termination of tenancy on 1st July.

Total days of interaction- 4 days
Request for termination- placed in less than 24 hours of signing.
Time left for occupancy- 8 weeks remaining( occupancy starts from 27th August)
Grounds for termination- An intimation to my wife from her supervisor to move to UK because PhD extensions were suddenly terminated by university. So I, main tenant need not rent a 2 bedroom apartment.

We offered to forfeit 6100$ which is our security deposit as per contract as compensation.

The LL already has 3050$ from the LOI money. We have offered another 3050$ to close it.

They are demanding 9200$ ie LOI ( one month rent) plus 2 months rent.

We feel that considering we notified immediately of a genuine change in our living situation with proof of flight tickets; requested termination within less than 24 hours of signing; 2 months left for occupancy;

On these grounds, 6100$ or 2 months rent is more than fair compensation.

We feel we are being taken advantage of by an opportunistic LL.

I seek advice on the forum on whether it is worth taking the case to small scale tribunal.
In case of premature termination( not under diplomatic cluase) is there a benchmark or standard compensation amount?

If we do not budge from our offer of 6100$ as compensation, what can the LL do?

Thanks very much.

Re: Early termination of Tenancy Agreement

Posted: Fri, 12 Jul 2019 5:31 pm
by The Ref
I am not a lawyer - this is not legal advice.
But I would formally retract the offer and seek legal advise. The fact you were making a goodwill offer will be good for you and the landlord will look bad - but the courts are generally on the side of the owner.
That said, the owner is probably on the winning side where they will receive 2 months pay from you, plus the hassel of court and the time wasted. Your offer is very fair (possibly generous as the only actual cost to them may be an agent commision of 1 month max)

They are being greedy and after your offer they think they can get more out of you. Your next offer should be to only pay their agents commision (which is one month)

Re: Early termination of Tenancy Agreement

Posted: Sat, 13 Jul 2019 9:29 pm
by tipis
Thanks a lot for your response . This does help!

Re: Early termination of Tenancy Agreement

Posted: Sun, 14 Jul 2019 9:26 am
by x9200

Re: Early termination of Tenancy Agreement

Posted: Sun, 14 Jul 2019 1:18 pm
by sundaymorningstaple
ZAPPED!

Good one x9!

Re: Early termination of Tenancy Agreement

Posted: Tue, 16 Jul 2019 11:11 am
by tipis
:cool: O:)