Leaving in early termination

[andresandres]

Hello there

My partner and I are looking for advice in relation to our current tenancy contract. We have the opportunity to purchase our own home which we are pursuing with much vigour! Our estate agent is proving difficult and insisting that we are eligible for all rent on our current (rented) property and looking at our contract we are not sure if that is the case, it seems to be poorly worded. Please see the below extract from our contract.

"The Tenant may bring the Tenancy to an end at any time before the expiry of the Term (but
not earlier than 24 months (october 2018) from the Commencement Date or the date of this Agreement whichever
shall be the later) by giving to the Landlord not less than two months written notice that the
Tenant wishes to give up possession of the property.

The tenant agrees to pay all reasonable remarketing costs for breach of tenancy and early
termination, to be re-let for a minimum period in line with original tenancy agreement;"

We are more than happy to pay all reasonable remarking costs and have written directly to our Landlord to express that however we have unfortunately not had a response. Please could we ask you to have a look and see if we are in fact liable for all rent until October of this year, or able to leave early with reasonable penalties to be paid.

Thanks
Andres

[R0b]

Hello

The extract you have provided doesn't suggest you are eligible for all of your rent (back?). Did the estate agent give any explanation as to why they think you are entitled to it back? Or do you mean you are liable for all rent under the contract?

The extract you have provided suggests that if you breach the agreement by terminating early, you agree to pay for reasonable costs in marketing the property for a tenancy based on the minimum period (if it is defined in the agreement but assuming its based on the term of the tenancy e.g. 2 years).

There may be something else within the tenancy agreement that suggests if you terminate early, you are also liable to pay the remaining months left on the tenancy agreement, though you have only given us an extract so we don't know if it says this. You will have to provide the full tenancy terms for us to understand what you are/aren't liable for.

Also to clarify, you are not purchasing the landlord's property but another property right?