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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My started Uni in September and we rented a one bed flat for

Customer Question

My started Uni in September and we rented a one bed flat for him from an agent which was a contract for one year, because my son is only 17 years old I am a guarantor for this.
My son did not have his timetable until after he started and it turned out that he only has to attend the Uni for three days a week, also he is not happy living alone so spends as much time as possible at home and drives to Uni when required, he said wished he did not rent a flat and preferred to drive to and from Uni from my house instead.
This put me in a difficult situation as the rent is £850 per month but Anthony was is spending less than 20 hours a week in the flat and mostly living with me.
I emailed the landlord last week telling him that Anthony will be leaving the flat and coming back home to live. The landlord made it clear that I would lose the deposit of £1275. which is fine, but he also went on to say that I would have to continue to pay the rent until he can find a new tenant which I am not so happy about.
On Friday last week (11th Dec) we cleared the flat and gave back the keys, we also paid one weeks rent for the next week even though we handed the keys back.
The landlord wants me to continue to pay £200 per week until he finds a new tenant - can I refuse to pay this weekly rent?
When I told the landlord that Anthony was moving out I also sent him this clause from the tenancy agreement:-
SURRENDER OF THE TENANCY AGREEMENT BY THE TENANT 6.8 Strictly with the Landlord s or his Agent s prior consent and subject to certain conditions that may include the Landlord s reasonable costs associated with the re-letting of the Property, the Tenant may be allowed to surrender the Tenancy Agreement before it could otherwise lawfully be ended.
He text me back with the following sentence:- "Yes i am willing to let you terminate the contract as soon as I can get someone else to replace Anthony and the cost of re letting or for me to retain the deposit from you"
He has not re-let as yet.
If he does not manage to rent it out and I refused and he took me to court - is the court likely to make these monthly payment?
Many thanks
Marilyn Lewis
Submitted: 11 months ago.
Category: Property Law
Expert:  Ash replied 11 months ago.
Hello my name is ***** ***** I will help you.
What is it you want to achieve please?
Customer: replied 11 months ago.
Hi I would prefer if you could just answer by message to let me know how i stand if I don't pay any more rent of this property?There is no back rent owing and I have given the landlord deposit to keep and a weeks extra rent after my son moved out but don't want to pay any more
Expert:  Ash replied 11 months ago.
If you don't pay sadly you will be liable. This is because a contract has been signed between the landlord and tenant saying they will have the property for a year. This is a legally binding contract and as guarantor you are liable for it.
Further, you are liable for rent until the property is let out again. This is because there is a term in the agreement which says so. The landlord must market the property, he can't just sit and wait. But you are liable because it is a term of the contract.
If the landlord does not take steps then he has failed to mitigate his loss. I am sorry if this is not the answer you are after and certainly not the one I want to give you. But I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Customer: replied 11 months ago.
Thanks Alex, i'm wondering if i should let him take me to court, as the contract does not end until September so I could end up having to pay out £8,500 - he has re-advertised but no one has taken it.Do you think the judge would make me pay the full amount?
Expert:  Ash replied 11 months ago.
If he has re- advertised it then sadly yes. Also interest will be accruing at 8% as per the county courts act 1984
I am sorry.
Alex
Expert:  Ash replied 11 months ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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