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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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Ash is online now

hi, i wonder if you could help with a potential dispute with

Customer Question

hi, i wonder if you could help with a potential dispute with our landlady over our tenancy agreement. we are currently in a 2 year contract that is due to end in july. in Oct we had a telephone conversation with her (so unfortunately can't be proved) where she stated they were thinking of selling the property we rent and weather this may suit us. we had been considering looking to buy our first house so after this we started looking for properties. our landlady subsequently placed the property on the market and we assisted with viewings. after this we found a property and are due to exchange early next week. she is now stating we will not be released from our contract until she sells the property. we have a chain of emails over the last 3 months where we have requested she look for other tenants which she has not acted on. do you believe we may have a case for being released from the contract as we are nervous about the finical ramifications and the potential of being taken to court and having a CCJ against us, any assistance would be appreciated.

Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

How can I help with this please?
Customer: replied 2 years ago.

hi jo,


thanks for your response but i was under the impression i had sent this to Joshua.


is he no longer available.


I am looking for an expert in property law so if not a problem I would be looking to speak to someone in this field?

Expert:  Remus2004 replied 2 years ago.
I don't think he is online right now but I'll try to pass it onto him.
Customer: replied 2 years ago.

ok thanks, ideally i would like a response today, are there any other property experts available at the moment

Expert:  Ash replied 2 years ago.
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

I can help you with the property problem if that helps?

Customer: replied 2 years ago.

that would be great Alex, are you still online?

Expert:  Ash replied 2 years ago.
I am, although the system sometimes shows that I am not.

What would be the outstanding rent if she held you to it please? In the emails does she ever say about releasing you early?

Customer: replied 2 years ago.

Hi Alex,


thanks for looking into this.


the outstanding rent would equal £3150.


i have been re visiting the emails she sent and this is an extract from her initial email where she instigated putting this property on the market on the 23/09


I have asked Taylors, Estate Agents, to value the property. I remember you saying it might suit you to move out before summer 2014. I am interested in how much the house is worth in today's market. Hopefully what I have been reading in the papers is true and the property value is going in the right direction.

Pete L**itz 01604 6240** has pencilled in Thursday 26th September at 10.15a.m. Will you please call him directly and confirm this is a convenient time or reschedule a time that suits?

Thank you for your help with this and don't worry if your plan is still to stay in the house until next summer. We are in no real hurry to sell but a valuation would be useful at this time.

i also have numerous emails where we have kept her constantly updated on our situation. she has recently taken 17 days to reply to us only to say we are bound by the contract until the house sells.


any more info you think may be helpful please ask

Expert:  Ash replied 2 years ago.
Yes but does she ever say in email that she would release you early?

Customer: replied 2 years ago.

no, we never had anything in writing that says we would be released.



Expert:  Ash replied 2 years ago.
Its bad news I am afraid. Unless you have some evidence that you will be released early then the Landlord may (but not guaranteed) to take you to Court.

This is because there is a contract which as you know you agreed to and signed. Unless there is some evidence that the Landlord allowed you to be released early then you are bound. If you have witness evidence (this can be written or oral) then this could be used to contradict it.

This means if the verbal release was witnessed by anyone else you could be released if the matter went to Court. It would be for the Landlord to show, on balance, that the conversation never happened and that you are bound.

Can I clarify anything for you about this today please?


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