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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70421
Experience:  Over 5 years in practice
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Hi there i am currently having some problems with my current

Customer Question

Hi there

i am currently having some problems with my current letting agents / landlord and want to know what my options are.

i signed for a 12month contract on a flat, the other person has bailed and now the letting agent is expecting me to pay for the full rent.

they initially offered me to change the contract over to just me but said it would cost me 200 pounds whcih i refused on the grounds that i wasnt happy to pay fees to swap the contract - so now my landlord hasused his half of the break clause after just 4 months in the property.

on top of that the landlord is selling and constantly has people around to view the property - a fact which was not mentioned to me when i first moved in.

i have informed them of my intention to move out and handed myn otice in which they are holding me in the contract for the whole 2 months.

the letting agent calls and harrasses me every day and texts my phone constantly when i am trying to work or in meetings trying to get me to pay the other persons half of the rent which so far i have refused

what are my options here? i feel i was deceived as having people amongst my property has become unpleasant - they come round on saturday mornings and such

please help

jay
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
HI.

Thank you for your question . My name is XXXXX XXXXX I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

What type of contract do you have?
Customer: replied 4 years ago.

Hi Jo

it is an assured shorthold tenancy - not sure what that means

thanks

Expert:  Jo C. replied 4 years ago.
Thanks James.

When should the AST end please?
Customer: replied 4 years ago.

22nd November for the 12months - there is a break clause in the contract after 6months which would be june 22nd

Expert:  Jo C. replied 4 years ago.
Thanks. I just need about 10 mins to type out a response if thats ok?
Expert:  Jo C. replied 4 years ago.
I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

Unfortunately, its fairly bad news.

If this is an assured shorthold tenancy agreement then you will be jointly and separately liable. That will mean that they can indeed recover the full rent from you. Of course, they could recover from the departing tenant too but you are an easy target because they can find you!

You do have a claim for his share of the rent from the departing tenant. You would have to find him but that would not be difficult with the assistance of a tracing agent.

The landlord is free to use a break clause I'm afraid.

Unfortunately, if this is an AST then you cannot lawfully give notice any earlier than the break clause point. Neither can the other tenant of course so I can see why you feel aggrieved about that but I'm afraid the fact its unfair doesn't mean its unlawful.

In terms of the landlord arranging viewings though, he is able to do that but only in the last month of an AST. You are perfectly entitled to refuse them access any earlier than that. At the very least you are entitled to 48 hours notice by received means of their intention to show the property.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.
Jo C. and other Law Specialists are ready to help you
Customer: replied 4 years ago.

Remus you are a star.

looks like as usual the law is only on the side of the landlord and to hell away with everyone else.

your answer was perfect and at least set my mind at ease - thankyou so much

Expert:  Jo C. replied 4 years ago.
Unfortunately the law doesn't generally help good tenants. People who are prepared to behave badly are assisted!

Best of luck