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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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, Need an help from your side. Currently I am renting

Resolved Question:

,
Need an help from your side.
Currently I am renting in a property which is being managed via private letting agency. The contract is a fixed 12 month contract with no break clause.
Before renting out this property I was also looking out to buy a property . I made an offer and it was accepted but the property was in a chain. It looks almost 9 months to get the chain cleared. Last week I exchanged the contracts.
As a result, I gave a notice to my letting agent telling them the circumstances which have led me to take this decision.
The letting agency is advising me that I can move out of the contract by surrendering the contract and to surrender I have to meet the below terms & conditions
1. I should pay the full deposit to landlord as a loss. Currently the deposit is being held in the Deposit Protection scheme.
2. I should pay the rent till the agency finds a new tenant
3. Any other expenses which comes out of the check out report
I have agreed no 2 and point 3 and now dispute is going on 3. At the same time I discuss internally with my friends whether someone is interested to rent the property and one of my friend is interested to move in to property after a gap of 1 month. Please note that my friend is also currently renting the property managed by the same letting agency.
I discussed the same with the agency and told them the situation but knowing this also they advised me that landlord still want to take the deposit along with the 2 clauses which I have already agreed.
I know I have breached the contract but I was having no option, need to understand by law whether the agency is right in asking whole deposit or not?
I am just thinking about the worst case scenario where the agency tells me that the landlord doesn't wants me to go out the contract months (as I have signed it).. Do we have any law which counters this situation also?
Please let me know if you require any further information from my side.
Thanks & Regards,
Amit
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

please let me know whether you are currently still paying rent?

Customer:

Customer:

yes

Customer:

i am still paying the rent

Alex Watts :

Ok

Alex Watts :

They cant take the deposit if you are still paying rent.

Alex Watts :

But sadly you will have to pay the rent until the contract ends.

Alex Watts :

Or they find another tenant.

Alex Watts :

This is because there is no break clause.

Alex Watts :

But if there are 3 months left, it may be cheaper you just pay this rent, rather than pay any advertising and agency fees.

Alex Watts :

Can I clarify anything about this today please?

Customer:

just hold on please

Customer:

i have already given a reference of my friend who is interested in the property

Customer:

please note that it's 12 month contract with no break clause

Alex Watts :

Yes. You would be responsible fees transfer.

Alex Watts :

But they should be able to accept your friend as a tenant

Customer:

as I have already given the reference of my friend can they also say that they don't want to accept my friend as a tenant and they don't want to take any other tenant

Customer:

9-10 months

Alex Watts :

They have a duty to mitigate their loss.

Alex Watts :

Therefore if they try and take your deposit you could sue and damage, to let your deposit back

Customer:

I totally accept that

Alex Watts :

Yes

Customer:

but is their any law which states that they can't take any other tenant 9-10 months

Alex Watts :

Its a matter of contract law, they have to mitigate loss

Alex Watts :

Legally they can't refuse to accept him

Customer:

If i pursue this matter with them, is it possible out of frustration/anger landlord says that i don't want to have deed of surrender and i don't you to go out of the signed contract

Customer:

and can i speak to the landlord directly..

Customer:

do we have any law stating the same..

Alex Watts :

Indeed. But the Landlord stilL MUST mitigate loss

Alex Watts :

If they dont then that is failure on their part

Alex Watts :

Does that help?

Customer:

Thanks a lot Alex..

Customer:

So to be clear

Customer:

they can't take my deposit.

Alex Watts :

Yes?

Customer:

I will be liable to pay any rent and other charges which comes out in the inventory check out report

Alex Watts :

Yes.

Customer:

and they have to accept my friend or any other tenant property

Customer:

they can't have the property vacant 9-10 months and ask the rent same

Alex Watts :

Correct

Customer:

and i can speak to the landlord directly

Alex Watts :

No reason why you cant

Customer:

that great

Customer:

thanks a lot advise

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