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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Would like to seek your advice. SITUATION: 1. I signed a

Customer Question

Hello,
My name is***** and would like to seek your advice.
SITUATION:
1. I signed a 2-year tenancy agreement on 11th May 2016 (ending 10th May 2018) for a 1.5 bedroom flat in London (SE1) for which I pay a monthly rent of £2,600 (put down a deposit of £3,600)
2. On 13th August 2016, I asked the landlord if it was possible to move out early from the flat (I said I was quite flexible on the date and that I would be very happy to help find a new tenant)
3. Landlord declined my help
4. On 19th August at 2:30pm, the landlord sent a new rental agency (I understand that the landlord no longer wants to work with the agency through which I found the property) to visit the flat. The rental agency seemed happy and said they were going to advertise the flat on the market later the same day.
5. On 19th August in late afternoon, the flat was up for rent on Dexters’ website (http://www.dexters.co.uk/property-lettings/properties-to-rent-in-se1-2ly) at £2,817 per month
6. On 19th August in the evening, we had the following email exchange with the landlord:
ME: Hello, I see that the property is now on the market. As mentioned, we will make sure the flat will always be clean and in perfect order when there will be visits. It would be very helpful for us to know what you have in mind in terms of what kind of arrangement we could reach (if any?), including until when you want us to stay in the flat etc. I would be very happy to have a phone conversation with you to discuss in more detail if you wish? Thank you, Max
LANDLORD: Dear Mr Bernard. Knight Frank attended flat 60 today to make an appraisal of its condition after the enforced removal of our furniture, and following your brief period of residence. The flat is not on the market. You are the legal tenant and responsible for the full rent, as per the rental agreement, until the tenancy expires. If you feel you have been coerced or misled by Field and Sons into signing the tenancy agreement against your will, or if you feel in any way that your previous landlord or employers have misrepresented your situation during the referencing process, you should seek legal advice. There have already been difficulties over gaining access to the apartment today, contrary to your earlier indication of co-operation and flexibility. Following our complaint to Dexter's head office, a full investigation is being conducted into this matter. We regret that we are unable to deal with you directly regarding your proposed breach of the terms of your tenancy agreement. Ros Randle
7. I would like to mention that we were very helpful in helping out the property agency to visit the flat on Friday, even coordinating on behalf of the landlord given she is abroad. Also, I do not understand why she says the flat is not on the market while the link above clearly shows the property being on the market.
8. Given the current situation, I would like to know if I can find a new tenant on the terms I was subject to (i.e. monthly rent of £2,600 for the remaining of the period up until 10 May 2018)
9. There is the following clause in my tenancy agreement: “The Tenant(s) agree(s) to the following: (…) Not to assign the tenancy of the premises or any part of it without the Landlord’s prior consent, which will not be unreasonably withheld. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the Tenant obtain confirmation in writing of any such consent granted.) The Tenant will be liable for the reasonable fees and expenses incurred by the Landlord in arranging any assignment granted.”
10. Given the email I received, I feel there is a probability that the landlord will refuse that I assign the tenancy agreement although I may find a very good tenant, passing all the checks etc..
11. I would like to note that I have always paid rent on time, even early (i.e. always paid rent on the 1st of every month although rent is due by the 11th)
MY QUESTIONS:
1. Should I ask the landlord for permission to assign the flat before (i.e. now) or after finding a suitable new tenant?
2. On what grounds would it be legal for the landlord to refuse that I assign my contract to a new suitable tenant?
3. I read on a website that if I ask the landlord to assign the contract to a new suitable tenant and if he (the landlord) refuses, then I can terminate my tenancy agreement. Is this true?
4. If 3 is not true, then what can I do?
Many thanks,
Max
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.

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

Will the landlord know you are assigning please?

Ash and other Law Specialists are ready to help you
Customer: replied 11 months ago.
Sorry, not sure I understand your question. My tel number is +447557740791
Thanks
Max
Customer: replied 11 months ago.
Hello,
Will you give me a call? If so when?
Thank you
Max
Customer: replied 11 months ago.
Hello,
I just paid £90 but didn't get neither a written answer (the question you asked me is the question I asked you) nor a phone call. Can you please let me know if it works. It is the first time I am using this service.
Thank you
max
Expert:  Ash replied 11 months ago.

When would be good to call?

Customer: replied 11 months ago.
Now?
Customer: replied 11 months ago.
Are you there?