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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hello -we have recently requested to break our assured tenancy

Resolved Question:

Hello -we have recently requested to break our assured tenancy with our private landlord. She has accepted notice but is refusing to allow the property to be advertised until after Christmas despite our offer to pay all the remarketing costs and do extensive background and employment reference checks. Our lease States we can assign the lease with permission and I have started to advertise the property in order to present options. The landlord now wants this stopped without alternative. What are our options?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For what reason is the Landlord giving for not letting you advertise?
Customer:

HI Alex - appreciate your help.

Customer:

This is what the landlord said in their email: "but we're not keen on putting the property on the internet, and prefer agents to vet prospective tenants, even though they do not always do a brilliant job. They can at least also show prospects around and arrange references. The other factor is that we have been advised strongly against putting the property on the market before Christmas as the market is currently overloaded with properties which landlords are trying to let before the end of the year. Anything on for too long gets stale. In addition, the property will need freshening up before it goes on the market and it's very unlikely we will find someone to work over Xmas. Realistically therefore, the earliest we can expect to put the property on the market would be early to mid-January."

Customer:

however, we have notified them that we need to move out - our new lease starts on the 5th of Jan, we gave them until the 19th for notice on the current property (Jan as well) but we have a new baby on the way and if we want much later, I will be too cumbersome to move or even too close to the birth

Customer:

additionally, there have been water damages in the flat and the boiler has failed (hot water) three times and is about to go again - I just can't stay while expecting

Customer:

In terms of their 'freshing up' comment - the leaks and water damage on the property have been ongoing for over 14 months without resolution and although they think it is fixed, we have seen some conitnued dampness

Customer:

Lastly (then I promise to take a breath :) ) - we have agreed to do thorough background checks and employment references as well as have asked for lists of criteria for any prospective tenant. Rather than respond, they are trying to demand we remove any advertising to relet.

Alex Watts :

They can't stop you! That is just stupid. You can advertise it and they can not stop you.

Alex Watts :

If they try, they have failed to mitigate their loss

Alex Watts :

This means any claim would lose

Alex Watts :

Therefore they can't do anything to hinder that - they can't stop you.

Alex Watts :

Just go back and say you intend to advertise and if they want to stop you to get a Court order

Alex Watts :

The Landlord needs to mitigate the loss

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

HI Alex -

Customer:

This is helpful - thank you. ***** will catch you later online but for now, the landlord is being very aggressive. He sent an email underlining to remove the listing as they don't want to market it this way and insinuated that they are being friendly but we are not. This was the email I sent them:


Yes, let's sit down to chat as soon as possible and please do not be concerned about the listing. To avoid a financially detrimental situation for both of us, we have simply begun taking steps to find you a replacement tenant as soon as possible. That does mean that we need to market the property and will seek out viable tenants for your review. We will not be making any commitments, we just need to get the ball rolling to minimise the time that t he place will be vacant as much as possible and secure you a suitable replacement quickly.

Customer:

I think now they are pushing to an extreme and just want to make sure there is no risk for us to market and show the apartment as long as we get approval for the re-let from the landlords.

Alex Watts :

Indeed. No risk whatever for you to market.

Alex Watts :

Does that clarify>

Customer:

Excellent - thank you for all the help Alex.

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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