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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70295
Experience:  Over 5 years in practice
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My grandson was renting a house. He gave the landlord a months

Customer Question

My grandson was renting a house. He gave the landlord a months notice as he wanted to move nearer to parents as his partner was pregnant and he got a job working abroad. She wanted to be closer to parents for some support. The landlord says he never got the notice in writing and he is making them pay the rent from October, when my grandson moved out of the property until 10th January, when the lease was over. He is also asking for council tax for the 3 months and blaming them for defects in the property, which were there when they moved in. They are asking for £2,000 from him. Does he have any rights in this matter?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What type of contract was he on?
Customer: replied 1 year ago.
6 month lease
Customer: replied 1 year ago.
I am sorry I don't have precise details. My sister agreed to stand guarantor for him and they are now phoning her 6 times a week demanding settlement. My grandson's partner has now had the baby and he is trying his best to pay something off what they owe. They are,however, renting another property and are struggling.
Expert:  Jo C. replied 1 year ago.
Ok.
When did that begin and end?
Also, when did he move out?
Customer: replied 1 year ago.
He moved in in July and moved out in October.
Expert:  Jo C. replied 1 year ago.
Ok. That is bad news I am afraid.
Do you know if the landlord was able to replace him?
Customer: replied 1 year ago.
No they never replaced him and are trying to blame him for damp in the property and a crack in the ceiling, which was there before he moved in.
Expert:  Jo C. replied 1 year ago.
Then he is liable Im afraid. This is an AST. You can't just give notice until the term of the AST is at an end.
If he left mid term then the starting point is that he is liable to the end. The landlord is under a duty to mitigate his loss by seeking a replacement and if he hasn't done that then probably he would only get one to two months but he is entitled to something.
He isn't going to be held responsible for a crack in the ceiling. Manner of occupation doesn't cause that type of thing.
Damp can be caused by manner of occupation. It depends on the type of damp. In three months it is quite unlikely that it would succeed though.
Can I clarify anything for you?
Jo

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