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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have served our tenancy on our property that we rent, it

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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: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Could you please explain your situation a little more?Alex
Customer: replied 1 year 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 1 year ago.
Is anything in writing to say that the Landlord must consent to the new tenant?
Customer: replied 1 year ago.
not that im aware off
Expert:  Ash replied 1 year 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 1 year 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 1 year ago.
are you still there?
Expert:  Ash replied 1 year 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 1 year 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 1 year ago.
Yes you can ask the agent to let the property out. Does that clarify? Alex
Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
yes thank you very much
Expert:  Ash replied 1 year ago.
Great. Good luck. Alex

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