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

We have served our tenancy on our property that we rent, it

Resolved Question:

we have served our tenancy on our property that we rent, it was all agreed as long as we rented out the property by the time we leave, we have done this and now the landlord has refused this tenant! all the checks were done and the new tenant was ready to move in, as we have done all we can our end and cant pay our new mortgage and the rent on another property am i still legal to pay the rent?
Submitted: 11 months ago.
Category: Property Law
Expert:  Ash replied 11 months ago.
Hello my name is ***** ***** I will help you with this.Could you please explain your situation a little more?Alex
Customer: replied 11 months ago.
ok we have been renting this property for 3 years, never missing any rent, after our 1st 12 month contract we were forced to resign another contract, we wanted to have a rolling tenancy agreement but they said no sing or take a months notice to leave the property with having a young family that petrified me! then they said acutaly its going to be an 18 month contract and the rents going up!
so we signed, done that 18 month then then made us sign again, but over our last contract we have bought a house and surrender are contract which our landlord agreed to as long as we found another tenant to take on the property, so the letting agent put the house up for rent and found a tenant who checks were fine and could afford the rent but the landlord said they were unacceptable giving no reason, as we found a tenant and the landlord has refused are we still liable for the rent? whats to stop them truning down erveryone we find?
Expert:  Ash replied 11 months ago.
Is anything in writing to say that the Landlord must consent to the new tenant?
Customer: replied 11 months ago.
not that im aware off
Expert:  Ash replied 11 months ago.
Ok, then the Landlord can NOT refuse. If he/she is then you need to ask on what legal basis they can refuse? The surrender was not conditional upon the Landlord having to approve the transfer.As such the Landlord can not refuse. If the Landlord does then you can refuse to pay rent for the vacant period.The Landlord can only refuse consent if the surrender was conditional upon this.Can I clarify anything for you about this today please?Alex
Customer: replied 11 months ago.
Please find below the terms which if agreed in principle by the landlord would result in the voluntary surrender of the tenancy. Please note that following terms and costs detailed herein are none negotiable:1. The tenant is to pay the costs of the Voluntary Surrender Agreement (VSA: £125.00 + VAT
2. The tenant is to pay all the landlords costs associated with re-letting the property – Letting fee is equivalent to one week’s rent + VAT, Inventory fee is £125.00 + VAT
3. The fees for the VSA and landlord letting costs must be paid in full to the agent, once a new tenant has been found and a tenancy agreement signed and cannot be deducted from the deposit.
4. The tenant is to comply with the terms of the tenancy regarding end of tenancy conduct (professional oven cleaning, professional carpet cleaning with de-flea treatment, window cleaning and to provide the agents with receipts for these services at the exit inspection)
5. The tenant is to be aware that they remain responsible for all aspects of the tenancy until the commencement of a new tenancy, including rent, council tax and utility charges. All of which must be paid promptly and in accordance with the tenancy agreement.
6. The tenant agrees to reimburse the landlord for an loss of income if a new tenancy is agreed at a lower rental value than currently agreed
7. The tenant is to provide a forwarding address prior to vacating the property
8. The tenant must make the guarantor (where applicable) aware of these terms as the guarantor will be held accountable in the event of any dispute
this is what we were given i know she will take me to court and that scares the hell out of me, i just want to know if i have a case before i spend lots of money on legal fees
Customer: replied 11 months ago.
are you still there?
Expert:  Ash replied 11 months ago.
Yes I have read that. There is nothing contained within this that means the Landlord has to approve.Does that clarify? Alex
Customer: replied 11 months ago.
so are you saying that she is breach of our agreement because of this? can i instruct the letting agent who i have to pay the fees to let out the house to the agreeing tenant because its our choice until our contract is out?
Expert:  Ash replied 11 months ago.
Yes you can ask the agent to let the property out. Does that clarify? Alex
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
Customer: replied 11 months ago.
yes thank you very much
Expert:  Ash replied 11 months ago.
Great. Good luck. Alex

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