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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 5041
Experience:  Solicitor
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I live in a property, that is a 12 month contract, no break

Resolved Question:

Good dayI live in a property, that is a 12 month contract, no break clause. The contract states that we are responsible for rent for up to 12 months and even if we give in notice during this time we are responsible to cover the rent until someone new moves in.so I am looking to move out, my mother is the guarantor. Can I draft a letter stating that my partner will be taking over my half of the rent, he will be 100% responsible and that my mother will be released from being guarantor, and that he will not put my mother in jeopardy.Will this be a legally binding letter, or do we have to have it certified by a lawyer. I cant see why, surely a signed copy of the letter signed by my partner is a legal binding document.
Submitted: 1 year ago.
Category: Property Law
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Is your partner happy to do this?

Customer: replied 1 year ago.
he will be happy to do so
Expert:  Jamie-Law replied 1 year ago.

Ok - this may be enough, but you MUST get your Landlords permission.

If the Landlord does not consent to release you, you can not make him/her.

Only the landlord can release you - no one else.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
if he doesn't (how can anyone force someone to be in a house) so what happens after the 12 months? If I want to leave then? Can't I get out of it either without the landlords permission?
Expert:  Jamie-Law replied 1 year ago.

At the end of the 12 months your liability ends.

Landlord must then make a new agreement with remaining tenant

Does that clarify?

Customer: replied 1 year ago.
However the property agency said that it turns into a rolling contract and with both our names on the contract we both have to give notice despite my partner wanting to stay here. So does my Liability still end?
Customer: replied 1 year ago.
Also sorry you didn't clarify if just a drafted letter will suffice to give to landlord to say my partner will cover the 100% rent .. do we need a lawyer to sign this letter?
Expert:  Jamie-Law replied 1 year ago.

Yes but YOU can give notice at the end of the period. Then YOU would no longer be liable.

No you dont need a lawyer to sign the letter
Does that clarify?

Customer: replied 1 year ago.
Sorry I am battling a bit, so at the end of the 12 months I can give my notice in and then my partner, if he doesn't want to move out, just takes over the rent, on a new contract?
Expert:  Jamie-Law replied 1 year ago.

Correct.

Does that clarify?

Jamie-Law and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok thank you