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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am a tenant and signed a 1yr lease with 6 months break

Customer Question

Hi, I am a tenant and signed a 1yr lease with 6 months break Claus starting April 8th 2016. I have stayed in the flat for 3 months, but due to my job situation, I need to move back to US by July 22nd.
When I negotiated with the terms with the broker and I have obtained below letter (see below starting property...), so I have supplied 2 new tenants to replace my tenancy.
The landlord picked one tenant (Professor with corporate paying deal) and the new tenant passed reference check (The new tenant paid 150 for that).
So only thing left is now for the landlord to sign the new lease and have myself removed from the contract, but the landlord now refused to sign the contract.
At this situation what can I do to protect my right. I did everything I can do to remove myself from the lease, but the landlord refuses to sign and it costs me $$$ as I need to pay the lease until the landlord signs the contract. My intention is to get away from this lease as soon as possible.
Please advise.
Property: XXX
I can confirm that the tenancy agreement has a provision that allows tenants to replace themselves at any stage during the tenancy by finding another suitable tenant that is referenced and added to the contract by Square Quarters.
There will be no additional fee to XXX for this however the prospective tenant will need to pay $150 for the admin fee.
Submitted: 4 months ago.
Category: Law
Expert:  Ash replied 4 months ago.

Hello my name is ***** ***** I will help you.

Just to be clear this is UK law?
Why does the Landlord now refuse to sign the new lease?
Alex

Customer: replied 4 months ago.
Hi Alex, yes it is UK law. I'm currently living in London. So here is what happened. I have provided 2 prospected tenant A. a professor B. a couple. The landlord(she) picked a professor and asked her to go through the reference procedure. The professor passed a reference, but the landlord refuses to sign because (1) she prefers a married couple now (2) She doesn't like the idea of university paying the rent.If that was the case, she should have picked the couples in the first place, but now she's asking me find another tenant. She is obviously abusing her status (landlord) and make me suffer financially and emotionally.
Expert:  Ash replied 4 months ago.

Did the agreement ever say consent would be unreasonably withheld?

What is it you want to achieve?

Customer: replied 4 months ago.
Good question, I would like to remove myself from the lease obligation as soon as possible, given I did everything they asked for. My departure date is July 22nd and I have only a few days left in UK. I do not have time nor capacity to find them another tenant as they spent all my time focusing on the tenant (a professor) I introduced to them.I don't know what you mean by "Consent would be unreasonably withheld," but when I first signed the contract, I explained the possibility of moving out early and they assured me everything would be ok as long as I find them a replacement as said on the document.I have a letter saying "Property: XXX. I can confirm that the tenancy agreement has a provision that allows tenants to replace themselves at any stage during the tenancy by finding another suitable tenant that is referenced and added to the contract by Square Quarters (firm name).
Expert:  Ash replied 4 months ago.

OK - and you have carried out exactly what has been required?

Customer: replied 4 months ago.
I have provided 2 tenants for the landlord to choose, the landlord picked one, and make the new tenant to go over reference check which the new tenant passed, but now the landlord is backing out saying (1) do not want the corporate (university) to involved (2) prefers a couple than a single.
Expert:  Ash replied 4 months ago.

Ok, then you don't need to do any more. You have done what was required and unless the agreement was conditional upon anything then the landlord can't change his mind.

You have done what was asked and therefore don't need to do any more.

You can move out and only pay what was agreed previously. As for your deposit you can also claim that back if appropriate. It is not your fault the landlord prefers someone else.

You did everything you were required to do which was agreed, the landlord can't change his mind.

Can I clairfy anything for you about this today please?

Alex

Customer: replied 4 months ago.
Please find attached letter. Well, the issue is I do not think the contract specifically states that once I have done everything, I can be removed from the obligation. That is why I don't know if I will be protected from landlord abusing his/her power by vetoing every tenants I introduced.
Expert:  Ash replied 4 months ago.

You will yes. It only says you need a replacement, nothing else.

Does that clarify? Alex

Customer: replied 4 months ago.
Sorry, when you say "You will yes" meaning I have done everything I can and can be removed from the obligation? Thanks.
Expert:  Ash replied 4 months ago.

Correct. Alex

Customer: replied 4 months ago.
Thanks, ***** ***** they don't agree. Where can I bring this issue to? Court? Lawyer? or Solicitor?
Expert:  Ash replied 4 months ago.

They would need to sue you.

It would be a small claim. You dont need to pay them.

Can I clarify anything for you?
Alex

Expert:  Ash replied 4 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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