Surrender of tenancy

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I contacted the landlord advice service yesterday about this issue, but the situation has now changed somewhat and I'd like some further advice.

My husband and I have a tenancy agreement on one of our rental properties due to start on 1st March 2016. We took an initial 200 holding deposit and a 12 month fixed term agreement has been signed by all parties. The agreement was originally signed on 23rd January 2016.

On 18th Feb the couple contacted me to say they had been put on 90 day notice at work and no longer wanted to proceed with the tenancy. Being reasonable and decent people we said that we would try to work out a solution which meant everyone could walk away having mitigated their losses. We discussed a rent reduction and shortening the agreement to 6 months, but we all decided in the end that a surrender was probably the best course of action and the tenants offered to compensate us by contributing a further 350 towards the cost of artex removal which was non essential but which had been carried out at their request.

I contacted the advice line and was advised that once this 'surrender' was given in writing, we were free to readvertise and re-let the property.

I called the tenants and explained this and said I would put in writing what we had agreed for us all to sign. No problem. Except they cannot give us the 350 until Wednesday and I don't want to sign the surrender until then due to us already having incurred financial losses. I don't doubt that they've been put on 'notice' at work, but I do feel this is perhaps being used as a 'get out' due to some other comments which have been made.

My question is, can I readvertise the property for rent before I have the surrender in writing? They are clearly not going to be moving into the property and I want to mitigate any further losses by getting it back on the market ASAP, but only if I am free to do so.

If they are in fact spinning us a line and don't come up with the 350 and signatures as promised on Wednesday, what are our further options?

Thanks in advance!

20/02/2016 19:37

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