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