Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
May I ask if you ave asked the landlord to remarket the property for you or whether you know of anyone that would be willing to tkae over the tenancy please?
The landlord has remarketed the property
I gave notice on Feb 9 to leave April 10
Thanks. Is he marketing at the same rent as you presently pay?
I do not have anyone to tke over
I am not privy to that information
You should be able to check using rightmove or Zoopla if he is marketing through an agency as the advert will be public. In any event with your permission I will set out your legal position below:
i believe the property is on the market as there has been two viewings
In anycase I will check
If you wish to leave the tenancy, before the end of the fixed term subject as follows the starting point is that you cannot unilaterally leave during the fixed tenancy period as this amounts to a breach of contract. However it is possible to escape early from the tenancy by asking the landlord to remarket the same or finding satisfactory tenants to replace you on the tenancy. The landlord has a common law duty to mitigate his losses and costs and as such must do his best to remarket the property or must accept any replacement tenants that you find to replace you subject to satisfying standard referencing. You would be liable for reasonable marketing costs (if applicable) together with any reasonable agency fees for referencing new tenants etc. However your liability would end on the earlier of the end of your existing term or a new tenant being sourced to replace you both. The landlord cannot refuse to do anything at all or he will find that he is limited in the amount of continuing rent he can attempt to recover.
the landlord is not required or entitled to insist on granting the replacement tenants a new tenancy and he is not entitled to increase the rent or offer different terms other than by agreement between him and the new tenants. He is obligated subject as above, to allow the new tenants to take over your tenancy on the same terms and same rent for the remainder of the existing term or alternatively release you from the tenancy if you no longer wishes to rent the property
I just checked and it is being marketed
at a rate higher than what we paying
we are paying 5700 and it is being marketed at 5800
also we have had a number of issues
The first step (much of this you mayhave already done) if you wish to leave is to get something in writing as you will find that in the event of a dispute, your memory of events will frequently differ frequently to the agents memory. Email trails can take out any disputes as to facts whereby the agents can claim that they never refused a replacement tenant and so on. Many agents prefer phone calls for exactly this reason but you can counter this by either corresponding with them by email and if they insist on phoning you rather than replying to you, you can follow up any such telephone calls with a further email to them confirming precisely what was discussed and agreed. You can commence by reminding the agents of the landlords above common-law obligations and inviting the landlord to replace you with the new tenants on the same terms failing which you will consider making an application to the court for an order that you are released from the tenancy owing to the landlords refusal to find replacement tenants on idential terms which would amount to a failure to mitigate as losses
In addition if you are uncertain whether your deposit is protected, you can check online with one of the four schemes that it could be registered with - they all have online search facilities (the Capita scheme is new and as yet has a small share of the market):http://www.mydeposits.co.uk/tenants/get-started/check-your-deposithttps://www.depositprotection.com/is-my-deposit-protectedhttps://www.thedisputeservice.co.uk/is-my-deposit-registered.htmlhttps://www.capita-tdp.co.uk/
with the house. We complained about the hot water and it is not fixed yet etc
the landlord has a legal obligation to protect your deposit and one of the four above schemes within 30 days of you paying the deposit to him. If he has failed to do so, you can claim back your deposit together with additional compensation between one and three times the amount of the deposit. The landlord cannot protect the deposit late if he has failed to do so within 30 days of receipt. This may be useful in negotiations.
can we use the fact that we are not enjoying the house as grounds for leaving. it takes long time or issues to be fixed.
it takes long time for issues to be fixed
based upon what you say, the landlord is not satisfying his common law obligations because you seeking to market the property is a higher rent. He must offer the remainder of your tenancy on the same terms in rent as it presently enjoys on the open market in order to satisfy his common law obligations. If any tenant wishes to take a longer tenancy and this is no problem, but the landlord cannot insist upon it.
the landlord has an obligation under the Landlord and Tenant Act and the Housing Act to maintain in good repair the sanitary installations in the property and the boiler so as to ensure supply of hot water. A failure to attend to these obligations does not provide an automatic right to terminate the tenancy-to achieve this, you need to be able to show that the property is uninhabitable and a lack of hot water, whilst presenting significant difficulties for a tenant, is not sufficient to establish that the property is uninhabitable - however it can give rise to a right to claim a reduction in rent for a period that you have not had access to hot water as this would amount to breach a contract for loss of amenity in the property
so it looks like there is no way out.
accordingly, you may wish to check that your deposit is protected because if it is not, this may give you additional ammunition. If it is, you can contact the landlord or agent drawing his attention to his above common law obligations and noting that he is marketing the property as a higher rent switches in breach of those obligations and asking him to market the property on like-for-like terms which you will consider making an application to the court for a declaration that you are released from the tenancy due to the landlord's failure to mitigate his losses.
also remember that there is nothing stopping you advertising or trying to find your own replacement tenant to take over the tenancy and the landlord must accept a tenant you find subject to satisfactory referencing.
if interest is slow, there is also nothing stopping you offering some form of incentive by way of example a contribution to the first months rent to generate interest. Of course this would come from your own pocket, but it can work out significantly cheaper than sitting back and waiting for another tenant to come along whilst you continue to pay rent. Using such techniques, it is normally possible to find a replacement tenant relatively promptly
once a replacement tenant is found to take over the remainder of your tenancy, your obligations rent to the landlord are at an end
Does the above answer all your questions or is there anything I can clarify or help you with any further?
Let me give you the full scenarios:
See below an email i sent to the landlord:
this is in response to the landlords mail that we cannot move
Let me know your thoughts
I have to go pick up the kids and will be back in an hour
to continue the chat
the above email is eminently reasonable and explains the reasons why you wish to bring an end the tenancy earlier than the minimum term.
The circumstances mentioned in your email do not alter above position in terms of your rights. whilst the issues you mention are not sufficient to claim that the property is uninhabitable, giving rise to a right to terminate the tenancy unilaterally, they do amount to loss of amenity in the property and can form the basis for claiming a reduction in rent the period you have experienced them
my view in the circumstances would be that your approach would be to put to the landlord that he is marketing the property is a higher rental than that which you pay and therefore he is not satisfying his common law obligations as we discussed above. Accordingly, you can invite the landlord to market the property on identical terms for the remainder of your tenancy and to confirm he will do so within seven days failing which you reserve your right to seek an order from the court but your tenancy is brought to an end subject to 4 to 6 weeks notice which you consider to be reasonable time for him to source a new tenant.
If the landlord complies and reduces the rent, you can ask no more of him other than seeking to replace tenants yourself using Internet postings or word-of-mouth and so on. if he does not, you can seek an order from the court to terminate the tenancy as above because the landlord is failing to satisfy his common law obligations to market the property on identical terms using the following form:
Has the above answered your questions satisfactorily?
just a min
can we terminate by the change of my financial circumstance
what if i cannot cannot pay the rent
Unfortunately not. If you cannot pay the rent the landlord cannot physically extract it from you but he can sue for recovery of unpaid rent.
Your options for ending the tenancy earlier are limited to the above but they are usually sufficient to enable sourcing of a new tenant particularly if in a slow market you consider an incentive payment or contribution to any new tenant.
this is my first time of using this service
how long can i ask questions?
There is no specific limit but rather a sort of fair use basis if that makes sense. Based on the value of the question I am very happy to assist with any follow up questions you have but if you wish to raise a different topic or line it would be usual to ask a new question.
ok then I will come back if I have more questions
If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though
You are welcome to return to the thread at any time in the future if you have any follow up questions.
I have a few questions
No problem at all. I should be very grateful if you would kindly rate my service to you in respect of your initial question to date. I will be very happy to answer any follow up questions you have without further cost.
Tried to rate but realised that will end the chat
will therefore do it later but will for sure do it.
when I informed the landlord my intension to subsidise the rent, she did not even respond
see the email trail
my email to her
her reply - completely disregarding my points - see below
Thank you for your email of the 19th March 2015 at 10.53
Below is a copy of my response dated the 10th February to your email advising that you wished to leave, due to the fact that yourself and Millicom were parting company. The subsequent email from Janice of the February 11th is superfluous to the situation.
Notice can only be served with not less than two months notice in writing to terminate the tenancy to expire on the 29th July 2015, which you yourself have fully acknowledged by bullet point 3 of your email of the 19th March as referred to above – you state “the rent of the new tenant until the end of our tenancy”
You are therefore fully conversant and understanding of the terms of the tenancy agreement that you signed and your obligations thereunder. Effectively you acknowledge that you are responsible for the tenants obligations and payment of rent until the 29th July 2015.
Again I reiterate that the tenancy agreement dated the 28th July 2014 and the contractual obligations undertaken by yourselves remain in full and legal force until the 29th July 2015 as we have advised you on numerous occasions.
We have agreed and confirmed on numerous occasions that in good faith we would be prepared to release you from the tenancy early if we find a suitable alternative tenant that could proceed fully to execution of a new tenancy following referencing and credit check/paying deposit and other administrative procedures. Unfortunately despite receiving one offer on the property this has not been the case.
In an attempt to assist you with an early release the property has immediately been re-marketed at the correct rental figure and there is no such thing as “common law” .
If you sign another agreement for another property and contractually bind yourself you will be responsible for two rents, two council tax, two sets of utilities and services etc ie all outgoings for each property, as again I reiterate you are not released from the tenancy agreement to us nor the financial obligations of the property itself.
Unfortunately again as I have advised you until the 29th July 2015 you are contractually bound by the terms of the tenancy agreement including payment of rent, utilities, council tax and other outgoings and obligations required under the terms of the tenancy and the check out procedure and financial obligation therewith. Neither can the check out procedure be undertaken and booked until the notice period is served and the contractual obligations fulfilled to the end of the tenancy.
We again advise you that you are not released from the tenancy agreement for Paddock View.
The only other way to release you from the contractual obligations of your current tenancy is for you to pay upfront the rent and council tax and any other financial obligations required under the terms of the tenancy for the period of March 2015 to 29th July 2015 once received check out early could then be considered. It would only be at this point in time that you would be contractually released by a surrender ahead of the expiry of the tenancy ie 29th July 2015.
In the meantime we again reiterate that you are contractually bound by the terms of the tenancy agreement for Paddock View including payment of rent, utilities, council tax, and other outgoings and obligations required under the terms of the tenancy until the 29th July 2015 and the checkout procedures will be dealt with at this time or if a suitable alternative tenant is found sooner.
Regretfully you are not released from your contractual obligations and if you sign another contract you will effectively be running two tenancy agreements and therefore two rents and outgoings and the obligations under both, further to which our tenancy agreement and obligations entered into first will take precedency.
We await hearing from you.
Lisa Wilkinson and Mark Schembri
then I sent her this
Lisa – You did not comment any of the points I raised? Can you address these so I know your view ? Rent subsidy etc? The fact that you are marketing it at a higher rent??
pls advise me on my options
The above is relevant evidence adding further ammunition to your argument that the landlord has failed to discharge her common law obligations as discussed above.
also the marketing agent sent this
Dear Mr Tagoe,
As we are advertising the property, I just wanted to drop you a line and clarify our marketing arrangements.
Following your request for early release from your tenancy, Ms Wilkinson and Mr Schembri have agreed for us to remarket the property on order to try and accommodate your early release request. Such release would be subject to finding a suitable replacement tenant who meets referencing criteria and also subject to the Landlord’s approval and contract. It would also need to be at the same rental of £5700pcm as a minimum. We therefore felt it prudent to market the property at a slightly higher rental of £5800pcm in order to leave a bit of room for manoeuvre in the event that any prospective Tenant tries to negotiate.
As thus far we have been unable to find a suitable replacement Tenant, just to reiterate, you are still bound by the terms of the Tenancy Agreement for the duration of the tenancy. Should this change, we will let you know straight away.
I trust this clarifies matters. If you have any further queries, please do not hesitate to contact me
waiting for your feedback
as we discussed above, the agents position, whilst potentially quite reasonable from their client's perspective, does not discharge the landlord's obligations; the landlord does not have the luxury of marketing at a higher rent as we have discussed. All these emails are relevant evidence to support your argument that the landlord has failed in his common law obligations
is there anything else I can help you with?
you advised I should wait for 7 days to file in the courts. Is this a legal obligation?
can I do it now?
it is not a strict legal obligation. Rather, the courts have a general expectation that parties should attempt to resolve their disputes prior to resorting to the courts and there is a specific provision in the civil procedure rules that requires parties to be able to show that they have attempted to do so. If you are unable to show that you had done so prior to issuing proceedings, it will not prevent your case from going forward but a judge has the power to refuse to award you costs in pursuing a claim even if you are successful if you cannot show that you have attempted to avoid court action. Normally, of course costs are awarded in favour of the person that wins. if you are called upon to show that you have attempted to avoid court action, the usual way of doing so is by producing a copy of a letter you sent prior to issuing proceedings warning the defendant that unless they comply with your requests, you would issue proceedings in the County Court.
the only reason I recommended a sevn day warning letter - known as "a letter before action"
Do you have lawyers who can help me in case I wish to go to court. Of course under a separate commercial arrangement
What is the key reason why you say the landlord has failed to discharge her common law obligation
unfortunately this service is limited to providing information; I am a colleagues can support you in respect of any questions you have during the process but we are not able to formerly act for you as this is prohibited by the terms of our engagement with the company that runs this site.
the principal reasons the landlord has failed to discharge her common-law duties based on what you say is that the landlord has failed to market the property promptly on identical terms to those contained in your existing tenancy agreement upon your request and the landlord may have unreasonably refused one or more tenants who were prepared to rent the property without reasonable cause. Finally, the landlord has failed to pass on an offer on your part to subsidise the rent in order to maximise the chances of quickly finding a replacement tenant.As such, the landlord has potentially caused you loss in respect of your continued obligation to pay rent which you might otherwise not have had to pay and as such has failed to discharge the common law obligations to mitigate their losses
But from the agents email she claims the target if to rent it for 5700. but marketing if for 5800 gives room for manuver.Just want to be sure that this argum
just want to be sure that this argument is solid.
The second point of declining my offer to subsidise is clear
the landlord through its agents does not have the luxury to market the property at a higher rent regardless of whether this makes good advertising sense or not. They have to market the property on the same terms as those under your tenancy. Based on the above, the property was not marketed on like terms that was marketed at £5800 which is a higher rent. This is therefore not satisfactory.
I have a number of questions to ask
1. What is the standard process for check out here in the U.K. Not sure I told you but I just moved to the U.K so I am not very familiar with the practices here
2. Am I legally allowed to move from my current house to the new house and keep all my financial obligation to the current landlord until we find a replacement tenant?
hi I need more information
o.k lets chat on wednesday morning then.