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

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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: 8 months ago.
Category: Law
Expert:  Jo C. replied 8 months ago.

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

Customer: replied 8 months ago.
Expert:  Jo C. replied 8 months ago.

Are you named on the AST?

Customer: replied 8 months ago.
Please explain the meaning of the initials you used.
Expert:  Jo C. replied 8 months ago.

Assured shorthold tenancy agreement?

Customer: replied 8 months ago.
I am named on the AST
Expert:  Jo C. replied 8 months 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 8 months 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

Jo C., Barrister
Category: Law
Satisfied Customers: 69786
Experience: Over 5 years in practice
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