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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4057
Experience:  Solicitor
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2 months ago, I decided to move out of my property and break

Resolved Question:

Hello,
2 months ago, I decided to move out of my property and break my contract early (for personal reasons). My contract did not have an exit clause, and it states I am responsible for the rent until the flat is re-let. The managing agency promised me it will not be difficult finding another tenant.
Fast forward to now, and they have only ever sent one person to even view the flat (and even then not accompanied by an agent). A few weeks ago I've started looking for tenants myself, but the landlord had shot them down one by one for ridiculous reasons (being students, only being in their current jobs for 3 months despite a history of employment, too many people, etc).
They have also flat out refused to allow me to sublet the property. The contract says subletting will only be allowed with permission, but that one should not be withheld without reason.
This week they will expect me to pay another month's rent as the flat has not been re-let. However, I argue that the following:
1. There is a strong basis to expect the landlord would try to re-let the property, and despite their claims, they have not tried to (1 viewer over the course of 2 months).
2. They have refused multiple people whom had the financial ability to move in in my stead.
3. They refused my right to sub-let the property.
I would like some advice on how to proceed - do I send the next month's rent? Do I send a letter from a solicitor? Do I even have a leg to stand on, here?
Submitted: 10 months ago.
Category: Law
Expert:  Jamie-Law replied 10 months ago.

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

How much are they seeking to claim please?

Customer: replied 10 months ago.
Hi Jamie,They are seeking full rent every month (£1300) until the end of the contract (in February), for a possible total of £7500, and £100 per month left on the contract when the flat is finally re-let as to cover "costs".Thanks!
Expert:  Jamie-Law replied 10 months ago.

Have they been actively marketing it?

Customer: replied 10 months ago.
They put up ads on right move and zoopla, for higher rent than I pay for today (£84 more per month). However, due to the fact.only one person ever came to view it, I seriously doubt the honesty of their marketing.
Expert:  Jamie-Law replied 10 months ago.

Ok - what is it you would like to know about this please?

Customer: replied 10 months ago.
I want to know whether I should pay the rent, despite the landlord blocking numerous alternative tenants -- or whether I have a solid-enough legal basis to win this in court.
Expert:  Jamie-Law replied 10 months ago.

Well if you do not then the Landlord can issue proceedings against you.

Technically you are liable for the rent until the term expires or there are new tenants.

However the Landlord also needs to mitigate their loss by making reasonable efforts to market it.

I cant see how they can want to charge more rent, because they are profiting for you moving out.

So if you refuse to pay, all they can do is issue a claim. You can defend on the basis the Landlord has clearly failed to mitigate their loss and take reasonable steps.

Can I clarify anything for you about this today please?

Customer: replied 10 months ago.
Thank you, ***** ***** your opinion, if they do try to take steps, will I be able to defend my position by claiming:
1. The landlord actively refused to take tenants that could replace me.
2. The landlord did not market the property himself.
3. The landlord essentially broke the lease agreement by not allowing me to sublet.
Expert:  Jamie-Law replied 10 months ago.

correct. Failed to mitigate in short.

Does that clairfy?

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