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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have recently signed a tenancy agreement on a new property

Resolved Question:

We have recently signed a tenancy agreement on a new property and we have agreed termination with our current landlord. However I've now been made redundant and can no longer afford to move - where do I stand legally?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Has this been formally accepted by the Landlord?
Customer: replied 2 years ago.

Yes verbally by phone - we have not yet paid any deposit monies on the new property

Expert:  Ash replied 2 years ago.
Ok, but nothing in writing? How long have you been at your current place?
Customer: replied 2 years ago.

Not in writing no - we have been tenants for nearly four years

Expert:  Ash replied 2 years ago.
Ok. Then technically if you have said you want to end and it was accepted then technically the notice has been given. But speak with your Landlord and see if he will let you stay on. The law is that if you terminate and its accepted - that is the end process.
But in this case given you have been there for 4 years I am sure your Landlord would want to keep you as a tenant. Hopefully he will allow the termination to be rescinded.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

But what about pulling out of the agreement we signed on the new place - will we be liable for anything there?

Expert:  Ash replied 2 years ago.
If you have signed and the Landlord has signed then technically yes. But if the landlord has not signed then no.
Does that clarify?
Alex
Customer: replied 2 years ago.

Not exactly - given that the tenancy is due to commence on 16th October - if we pull out now they may be able to re-let before that date - so what could we be liable for?

Expert:  Ash replied 2 years ago.
Assuming it has been signed for both parties then you are committed. If it is relet you are liable only for the agents additional fees.
If it is empty for a period until re-let you are also liable for that period too. So in short any additional costs the landlord has.
That is all assuming he HAS signed the agreement. If not then you are ok.
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex