my name is ***** ***** I will help you with this.
please let me know whether this is private or commercial property?
Private tenancy. Flat.
When was your agreement due to expire?
end of May 2015
Did they give you an indication of how long it would be before they could release you?
No - they keep stringing it along
I tried to advertise the property in December but they demanded I take it down - now the market has a lot more choices and they are having issues getting a tenant
the original letting agents did very little - we suggested an alternative, which they initially refused
Ok. In theory you are liable until the end of the agreement. However what they also need to do is mitigate their loss
That is minimise any loss they will suffer
the alternative letting said they had options to get a tenant in in December, but were not permitted to do so
If they refuse to allow you to advertise, if they have not taken any positive steps to market it, or take a tenant then they have failed to mitigate
they have also taken back our keys and inspected the property - they now come and go whenever despite my request that they let us know
Also if they refuse to take a tenant then they have failed to mitigate.
they didn't refuse this tenant - but it did fall through
As such my view is that taking all the above in account I think you can refuse to pay and stop
I think in part becasue the area has more options now vs. when we asked to market the property
they did have another offer, but it was so they did not accept it
Well I cant see how they can prevent you marketing it
Was it much less?
Because then they could accept and you would be liable difference.
£200 per month - which we could have negotiated with them to mitigate
So again, they have failed to mitigate any loss
I think they have failed to mitigate and you can stop paying
At this stage, I do not want to pay Feb rent as we have been out of the property month and the landlord is taking all the time int he world
At worst they would take you to Court. Given the value I am sure it would be a small claim as thats below £10,000
You can defend on the basis that they have failed to mitigate their loss
They need to do so
But of course there is always a litigation risk
I understand they may need to do so, but I also read recently (2006 case - commercial property) that claimed the landlord may not have to mitigate
That can be distinguished because it is commercial
however in that case, the tenant did not give notice - we did and the landlord accepted
Its not on all fours, which means not the same as the current situation
Can I clarify anything about this?
I am just concerned about what mitigating losses would mean
Would the delay in listing the property and the demand to 'fix it up' be unreasonable?
Yes. Because in any event they would have had to wait until May to fix it up anyway
that is good to know - I believe they accepted our termination in the lease, but are trying to get hte best of both worlds by not really looking tenant
at least not aggressively
Yes I agree.
That is not acceptable
Ok - thank you. This helps - is there anything I can do - formally - to notify them of their breach in responsibilities or failure to mitigate our losses?
Yes I would say that they have failed to mitigate their loss and set out all the points