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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70197
Experience:  Over 5 years in practice
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I am in rented property. A lease 12 month tenancy was agreed

Resolved Question:

I am in rented property. A lease for a 12 month tenancy was agreed and rent for that period was paid up front. 24 hours later my husband died, and with him died almost two thirds of our income. I will be living with my daughter from the end of this month. My pension is small so I can no longer afford this property. The landlord has agreed to end the tenancy but I must wait for a rebate which will be paid to me monthly when a new tenant pays the rent. this means if the property does not let or the tenant does not pay I would not receive that months repayment. I, of course, would prefer to have a lump sum. I would appreciate some advice.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

Are you asking if the landlord is able to do this?

Customer: replied 1 year ago.
Expert:  Jo C. replied 1 year ago.

Are you named on the AST?

Customer: replied 1 year ago.
Please explain the meaning of the initials you used.
Expert:  Jo C. replied 1 year ago.

Assured shorthold tenancy agreement?

Customer: replied 1 year ago.
I am named on the AST
Expert:  Jo C. replied 1 year ago.

in that case, I'm afraid that you are liable in your own name.

An AST renders you jointly and separately liable so either one of you could be pursued.

Of course, it is open to the landlord to exercise discretion in your favour but he cannot be compelled to do so.

Expert:  Jo C. replied 1 year ago.

He is already doing more than he has to strictly by allowing you to leave as long as you are replaced by new tenants.

I'm very sorry and I know that this is a personal tragedy but I'm afraid that your misfortunes can't be visited upon the landlord.

Can I clarify anything for you?

Jo

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