How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Property Law Question Here...
Ash is online now

There are 2 clauses that relate to early termination they are

Customer Question

There are 2 clauses that relate to early termination they are as follows
Clause 4 - It is agreed by the landlord and the tenants jointly and severally that the tenancy shall be for the full term as here before stated and that no break in the tenancy is implied or permitted and that the tenancy shall terminate absolutely on the 19th June 2015

Clause 6- The tenants shall not assign the benefit of this agreement or sublet any part or share possession of the premises or any part thereof without permission of the landlord, such permission not to be unreasonably withheld in the case of full - time student
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.

Alex Watts : 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : What would you like to know about this please?
JACUSTOMER-gp4fbfsl- : Sorry Alex I thought I was replying to you as I've already posted a question that you replied to asking me for further info, sorry for confusion, could you confirm you have received orignal question in the name of Sonya concerning my daughter Melissa and her uni friend Roxy renting property? If you cannot find my question I'll repost to you
Alex Watts : Ok, you have 2 questions in relation to the same subject and I thought it was a new one!
JACUSTOMER-gp4fbfsl- : Sorry about that
Alex Watts : Its bad news I am afraid.
Alex Watts : The girls are actually tied in until the end of the term.
Alex Watts : the landlord does not have to accept new tenants.
Alex Watts : But if he does, he should not unreasonably refuse.
Alex Watts : If he does then potentially they won't be liable.
Alex Watts : But technically the agreement means they are bound by its terms for the whole period.
JACUSTOMER-gp4fbfsl- : Do the 2 boys have any say in who replaces the girls?
Alex Watts : No, it is down to the discretion of the landlord.
Alex Watts : But again the girls have no right to end it,
Alex Watts : But the landlord should not be unreasonable.
JACUSTOMER-gp4fbfsl- : We are confused as to why landlord would refuse replacements
JACUSTOMER-gp4fbfsl- : How can we determine if and when landlord is being unreasonable ? It's difficult
Alex Watts : I can't say, but the landlord can't be unreasonable. It would be a subjective mater for a judge to decide.
Alex Watts : There is no strict formula either way.
Alex Watts : What is reasonable to a reasonable person on the street.
Alex Watts : Can I clarify anything else?
JACUSTOMER-gp4fbfsl- : So the girls have to start paying half rent next week whilst still searching for replacement tenants and just cross fingers that landlord will at some stage agree
Alex Watts : Yes I am sorry
JACUSTOMER-gp4fbfsl- : The girls have to start paying half rent from next week and will continue to look for replacements that the landlord will accept
Alex Watts : Can I help with anything else?
Alex Watts : ok
JACUSTOMER-gp4fbfsl- : At what stage should we stop payment and go to court? Assuming we're not going to pay rent on a property for months whilst having to pay for new place
JACUSTOMER-gp4fbfsl- : It's a uni and there are 100's looking for properties, landlord can easily rent his place
Alex Watts : After there have been a refusal for a suitable tenant
JACUSTOMER-gp4fbfsl- : There already has been. Landlord quoted clause 6 then said he didn't want to accept replacements as boys didn't want them and it was morally wrong for girls to do this
Alex Watts : Ok, then they could stop paying and risk going to court
JACUSTOMER-gp4fbfsl- : Landlord seems to be making a stand for the boys rather than anything else.
JACUSTOMER-gp4fbfsl- : what we thought we would do is find another 2 different replacements to offer landlord then if he a again says no we will stop payment and go to court. Am I right in assuming the boys have no choice as long as landlord agrees? So landlord can't use excuse that boys don't want replacements?
Alex Watts : Its not the tenants decision,it is for the landlord
Alex Watts : Can I clarify anything else?
JACUSTOMER-gp4fbfsl- : I've been told that if the 2 girls don't pay any rent then the boys are liable for all the rent and finding new tenants?
Alex Watts : No.
Alex Watts : They are all equally liable.
Alex Watts : Does that clarify?
JACUSTOMER-gp4fbfsl- : So just to clarify.
JACUSTOMER-gp4fbfsl- : The landlord has to accept replacement tenants unless there is a good reason not to? If he continues to refuse replacements with no reason than ' the boys said no' we can stop payment and let it go to court?
Alex Watts : Yes indeed.
Alex Watts : Does that clarify?
JACUSTOMER-gp4fbfsl- : Thank you
JACUSTOMER-gp4fbfsl- : I've just seen an email from landlord to Roxy which states the following from him
JACUSTOMER-gp4fbfsl- : " I believe the significant part of the clause is ‘such permission not to be unreasonably withheld in the case of a full-time student.’ I would submit that the key word here is ‘unreasonable’, and that should apply to both parties.
JACUSTOMER-gp4fbfsl- : Also he states his reasons for refusing replacement tenant which are as follows I would ask you to consider the points I have made, above. Would you also confirm that you feel it is reasonable for Adam and Saif to be asked to share a home with strangers, who they have never met. I feel that this is an important point, should you insist that clause 6 of the lease applies in your case. Your response will have great significance, should I be advised to take this further.
JACUSTOMER-gp4fbfsl- : He makes the point that the girls decision to not take up tenancy has left the boys having to live with strangers and the boys find that unreasonable as does he ( the landlord) so he's using clause 6
Alex Watts : Ok that is as I said.
Alex Watts : The landlord must not unreasonably with hold consent.
Alex Watts : If this answers your question might I invite you to rate my answer.
Alex Watts : If the system won't let you please do say.
Alex Watts : If you need more help please click reply.
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

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

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    414
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1823
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    241
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.