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: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Property Law Question Here...
Ash is online now

- I am looking advise on a lease termination

Resolved Question:

- I am looking advise on a lease termination issue. We gave our landlord notice in November 2014 that we need to break our lease early. They accepted however refused to commit to a date and demanded they get to 'freshen up' the property . After delaying the listing a month, they are now in a flooded market and have not been able to rent the property yet. Also - they are looking long term tenant and not short term to cover the remainder of our lease. They also refused to allow us to market the property in any way to help us cover our losses. What can I do next and can I break the lease?
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 this is private or commercial property?

Customer:

Private tenancy. Flat.

Alex Watts :

When was your agreement due to expire?

Customer:

end of May 2015

Alex Watts :

Did they give you an indication of how long it would be before they could release you?

Customer:

No - they keep stringing it along

Customer:

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

Customer:

the original letting agents did very little - we suggested an alternative, which they initially refused

Alex Watts :

Ok. In theory you are liable until the end of the agreement. However what they also need to do is mitigate their loss

Alex Watts :

That is minimise any loss they will suffer

Customer:

the alternative letting said they had options to get a tenant in in December, but were not permitted to do so

Alex Watts :

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

Customer:

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

Alex Watts :

Also if they refuse to take a tenant then they have failed to mitigate.

Customer:

they didn't refuse this tenant - but it did fall through

Alex Watts :

As such my view is that taking all the above in account I think you can refuse to pay and stop

Alex Watts :

Ah ok.

Customer:

I think in part becasue the area has more options now vs. when we asked to market the property

Customer:

they did have another offer, but it was so they did not accept it

Alex Watts :

Well I cant see how they can prevent you marketing it

Alex Watts :

Was it much less?

Alex Watts :

Because then they could accept and you would be liable difference.

Customer:

£200 per month - which we could have negotiated with them to mitigate

Alex Watts :

So again, they have failed to mitigate any loss

Alex Watts :

Indeed.

Alex Watts :

I think they have failed to mitigate and you can stop paying

Customer:

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

Alex Watts :

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

Customer:

it would

Alex Watts :

You can defend on the basis that they have failed to mitigate their loss

Alex Watts :

They need to do so

Alex Watts :

But of course there is always a litigation risk

Customer:

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

Alex Watts :

That can be distinguished because it is commercial

Customer:

however in that case, the tenant did not give notice - we did and the landlord accepted

Alex Watts :

Its not on all fours, which means not the same as the current situation

Customer:

yes

Alex Watts :

Can I clarify anything about this?

Customer:

I am just concerned about what mitigating losses would mean

Alex Watts :

Minimising

Customer:

Would the delay in listing the property and the demand to 'fix it up' be unreasonable?

Alex Watts :

Yes. Because in any event they would have had to wait until May to fix it up anyway

Customer:

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

Customer:

at least not aggressively

Alex Watts :

Yes I agree.

Alex Watts :

That is not acceptable

Customer:

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?

Alex Watts :

Yes I would say that they have failed to mitigate their loss and set out all the points

Customer:

Thank you

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you

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:

    2438
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    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:

    445
    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:

    1869
    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:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions