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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70516
Experience:  Over 5 years in practice
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My daughter and her partner are splitting but they have just

Resolved Question:

My daughter and her partner are splitting but they have just jointly signed a new tenancy agreement. (7/2/16 - 6/2/17).
All the bills are un her name including the council tax, and the rent comes out of her account.
He is asking her to leave, but she can't afford another deposit unless she gets her deposit back from this.
They can't remain in the oroperty tigether.
What are their options. Do they have to tell the agency of the split? , can he throw her out, or can she throw him out? What will happen with the tenancy? Will they loose their monet thstcwas put down, (1 month deposit plus agency fees £575 paid by her, 1 month upfront £475 paid by him)
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Is there a break clause in the agreement?
Customer: replied 1 year ago.
No, I have just checked.
Expert:  Jo C. replied 1 year ago.
That isn't particularly good news.I'm afraid they are both locked in for the rest of the contract. Neither can throw the other out of the property though.
Expert:  Jo C. replied 1 year ago.
The landlord might agree to their release. It might suit his purposes for lots of reasons. If he does not though then leaving early would be a breach of the agreement.The starting point then is that the landlord would be entitled to the remaining months due under the contract. However, he would be under a duty to mitigate his loss by seeking another tenant and he won't get forever to do that.
Expert:  Jo C. replied 1 year ago.
Generally speaking, a landlord will be given one month to replace a departing tenant. If he needs longer then he will have to justify why he hasn't been able to do it in time.Can I clarify anything for you?Jo
Customer: replied 1 year ago.
Can an occupancy order or transfer be written up to be able to transfer the contract to one of them with stating named only on the tenancy with no financial gain or responsibilites and the person staying in the flat will not be able to ask for any money.
Is there such a contract or can one be done.
Does that make sense???
Expert:  Jo C. replied 1 year ago.
Not just because they have split up. Occupation orders are really hard to get and you are not describing grounds here.The landlord might agree to an assignment of the contract to one person or the other.
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