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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 4658
Experience:  Solicitor
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I am a landlord and my new Tenant want to terminate the 12

Resolved Question:

I am a landlord and my new Tenant want to terminate the 12 month contract they signed a week ago without a break clause even before moving in. They have found a new tenant that can pay the same weekly rent but not six monthly in advance which is what the current tenant says. Am I obliged to accept this new tenant ? Also as the agency deducted fees and taxa (I am based abroad) I have to repay the old tenant back more cash than I have actually received. I am willing to pay back but not to be out of pocket.
Submitted: 11 months ago.
Category: Property Law
Expert:  Jamie-Law replied 11 months ago.

Hello my name is ***** ***** I will help you with this.
Does the agreement allow another tenant to in effect take over?

Customer: replied 11 months ago.
Thank you. I am not sure I signed the contract electronically a week ago but I have not been sent it yet.
Expert:  Jamie-Law replied 11 months ago.

Ok. if the tenant wants to leave then you have a duty to mitigate your loss.

This means you should allow the new tenant to move in, but that they agree to guarantee the new tenant.

If you are refunding the tenant then the agent should give you the money back to give to the tenant.

You cant be taxed on something you have refunded.

But you should accept the tenant, with guarantor because otherwise it would be unreasonable.
Can I clarify anything for you about this today please?

Customer: replied 11 months ago.
the agency taxed the six monthly amount today when they sent the funds to me via BACS-have not received the money- and the refund will take place in a few weeks. Should the agency at that point refund the tax and not pay it to the tax authorities ? And I have to accept tenant even though he won't pay six monthly like the current tenant ?
Customer: replied 11 months ago.
Thank you so much!
Expert:  Jamie-Law replied 11 months ago.

Correct sadly. Because if you dont, then you have failed to minimise any loss.
I am sorry. But in any event paying in advance is just a bonus - you are not out of pocket because you will ned up with the same rent overall.

Does that clarify?

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