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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good afternoon, I am a tenant with my lease ending in May

Resolved Question:

Good afternoon,
I am a tenant with my lease ending in May 2015. I asked my landlord to release me early seeing that I had no break clause in my contract, and she agreed, providing I pay the rent until they find a new tenant. However, this was back in early August. They have posted the flat online to be re-let and have had close to 200 people viewing the property online, there were at least 15 viewings of the property already, but no takers.
I really feel that the agent (who is a close friend of the landlord) and the landlord is taking their time and not really bothered to have the flat re-let asap, knowing that I am committed to pay the rent until they find a replacement. I have recently split up with my wife and also been made redundant. I really can't afford to pay for the rent anymore. I have suggested they keep my deposit even, as a form of penalty, but to no avail.
What are my options?
Thanks so much
Ray Goertz
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

Do they know where you have moved to please?

Customer:

Hi ALex

Customer:

I havne't moved out yet

Customer:

I have to stay in the flat and keep paying the rent of £1550pcm until they find someone to rent the flat

Alex Watts :

Ok - are you saying that agent is doing his job properly?

Customer:

I am saying that he is not really trying hard or at all for that matter.

Customer:

He knows I am liable for the rent, and therefore he is not helpful

Alex Watts :

Have you asked that it is marketed with other agents?

Customer:

I cannot continue having heated arguments with him

Customer:

The landlord declined to, saying she trusts her agent "friend"

Customer:

I even offered to pay the listing fee if she goes with another agency

Alex Watts :

Ok - then you need to write to the landlord and say you consider that he is failing to mitigate his loss

Alex Watts :

He should be doing everything which is reasomable to minimise any costs to you and the property.

Alex Watts :

Therefore if it is better to get another agent to market it then he should let you do so

Alex Watts :

If he refuses you can stop paying on the basis he has failed to mitigate

Customer:

Should I get a lawyer involved to make some fire under them?

Alex Watts :

Therefore if you do stop paying and he tries to take you to Court, whilst there has been a breach, he has failed to mitigate his loss

Alex Watts :

Therefore any Judge is likely to dismiss his claim

Customer:

okay, I will do that

Customer:

I appreciate your help

Alex Watts :

You could get a lawyer involved but clearly there is a cost to that which may not be recovered

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Do I give them a time frame of when I will stop paying?

Alex Watts :

Yes I would say 14-28 days.

Customer:

The property has been on the market since 11 August

Customer:

Ok

Alex Watts :

28 days is better depending on your finances

Customer:

its ok

Customer:

What is the correct wording to use in the letter?

Customer:

regarding mitigating her loss

Customer:

the landlord is female

Alex Watts :

Failing to mitigate the loss and set out why

Alex Watts :

Mitigate - minimise loss

Alex Watts :

So you need to say why she has failed to do sio

Customer:

ok

Customer:

I will mention that I offered to pay for another agency's listing fee but she declined.

Alex Watts :

Indeed.

Customer:

ok thank you very much

Customer:

that's it. thanks for your advice

Alex Watts :

Happy to helo

Alex Watts :

Can I help with anything else today?

Customer:

no that's it

Customer:

thank you and goodbye

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