How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

We have a tenancy where we have the right to assign the

Resolved Question:

Hi, we have a tenancy where we have the right to assign the tenancy. this must not be unreasonably with held. Two of the three of us have requested this right and found suitable substitute tenants who have passed all the necessary checks from the lettings agent. However, the landlady is withholding her consent and has been doing so since December as she worries it will interfere with her selling the property which she is currently doing. Can you advise what rights we have to force her to allow the assignation and recover the lost rent we have been paying to her while she has been refusing it. We have requested the assignation and then suggested a waiver of the sub-letting clause which would have made things easier for her and us. She has refused both.
Kind regards,
Tom
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.On what basis is she refusing please?Alex
Customer: replied 1 year ago.
Hi Alex, thanks for the quick response.
She is refusing as she doesn't want it to interfere with the sale..
Kind regards,Tom
Expert:  Ash replied 1 year ago.
Hi Tom, how much extra will you have to pay as a result.
Customer: replied 1 year ago.
Well we requested to have it assigned for the middle of December and as such we are still paying rent of 700 a month and bills on top whilst not living there. The sale is scheduled to progress in May and the new owners have said they will happily allow us to assign when they own the property.
Expert:  Ash replied 1 year ago.
Ok - you have 2 options is to continue paying it and sue for the cost back, or sue for specific performance, that is to make the Landlord assign it.Or you can not pay all together, get the Landlord to take you to Court and then defend on the basis that it was unreasonably withheld.Any claim for £10,000 or below would be a small claim so you wouldnt need a lawyer.I would be tempted to pick the third option, let the Landlord sue you, if you dont need a reference because the ball is in their Court.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
The problem with option 3 is that one of the chaps is looking to continue to live there and it is only two of us looking to move out. We don't want to cause him undue trouble. In addition the two of us looking to assign work in finance where we have to declare any suing etc so would not be ideal.Can we sue for specific performance and to recover the costs back through the small claims court at the same time?Tom
Expert:  Ash replied 1 year ago.
Yes you can sue for specific performance, but that wont be a small claim.You can also recover costs back, but sadly it wont be a small claim.Does that clarify?Alex
Customer: replied 1 year ago.
Sorry, for specific performance and recovery of c.3,000 would not be small claims court? That would be through the normal courts?We would need to hire a solicitor?Do you think we have a reasonable case for doing so?Tom
Expert:  Ash replied 1 year ago.
You would need to hire a Solicitor for the trial if defended yes.I think you have a reasonable grounds, because its not a reasonable refusal.Alex
Customer: replied 1 year ago.
Ok, thanks. One last question. If suing for recovery of costs should it be from when we asked the assignation to be for or from when we moved out. I requested it to be assigned for the 18th December and the checks were all done by that stage but seeing as it had not been allowed I didn't actually move out until the 9th January. Which date should I use please?
Expert:  Ash replied 1 year ago.
It should be from the date you asked, so the earlier documents.Alex
Customer: replied 1 year ago.
Lovely. Thanks Alex. Very helpful.
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash and other Law Specialists are ready to help you