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Hi Jo, thanks for that. We had no intention of not paying ....although I am afraid moving in is now no longer an option either. We have tried to hint at the responsibilities of the other housemates but they are aware that without their permission we have to pay.....I don't care for the idea of being sued. When you say the landlord has a duty to mitigate losses, what does that mean? There is a reference in the agreement that this does not become binding until the deposit and advance rent are paid. The deposits are paid but no advance rent ....first payment being due on JUly 1st. There are 2 references in the contract to it ending at the end of the fixed term (12 months) but no less than 6 months ...could this be the break you are referring to?
One last question Jo, I spoke to the letting agent today who echoed your advice and suggested we liaise with the tenants through him. He also made reference to the fact that the landlord had not signed the contract and will not do so until all the first months rent has been paid he said that in effect this means the contract is 'not fully legally binding' what does this actually mean?
He air acting for the landlord but that is what he said?? I take it we are fully liable whether we pay the first months rent or not then? He implied that we should consider 'not paying the first months rent' therefore preventing the landlord signing the contract and making the contract fully legally binding??