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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, I was renting a property for a total of 20months, due

Customer Question

I was renting a property for a total of 20months, due to some situations with a neighbour that was causing my wife to become very depressed in living in the property. We decided to move, we were then informed by the landlord and agency managing the property that we would have to pay the rent until the end of the tenancy which was another 4 months. Although the landlord then agreed that if new tenants could be found we would be able to break the contract. However the landlord has put the rent up from £1300 to £1400 and has turned down potential tenants due to them only wanting a short lease. It has now been two months and we still have a deposit which we are now allowed back until the end of the tenancy.

Do we have any grounds on this? Basically we cannot afford to pay another two months rent on a second property and really need our deposit back. My wife is now on unpaid maternity leave and financially really struggling.
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
Alex Watts : How do you know he has turned down short lets? I assume you had an assured shorthold tenancy?
JACUSTOMER-anel0me5- : Hi. The estate agent told me. Also one of the neighbours told us the landlord told them that he is happy to wait as long as it takes to get the perfect tenenant as we have to pay anyways. Yes it was a short hold tenancy
Alex Watts : How long was the rent £1300 PCM for please?
JACUSTOMER-anel0me5- : It was originally £1250 for the first 12months and then put up to £1300 for the last 8months.
JACUSTOMER-anel0me5- : It's been advertised for £1400 for the last 2months
JACUSTOMER-anel0me5- : Sorry just to be clear. He is not asking us to pay £1400. Just advertising it at a higher price.
Alex Watts : Yes, but when you were renting did you agree to any increase?
JACUSTOMER-anel0me5- : So we agreed the Initial increase after 12months from £1250 to £1300. I just feel that now he is advertising the property at a higher rate and turning down short term tenants that he is mitigating new tenants. As he knows we will have to pay the rent until November. So we are only paying £1300 and have been told I have to for the next 2months unless a new tenant is found. However he is advertising it at £1400 a month. Which is over priced for the area and I think he has only done that to penalise me and my wife for trying to leave early.
Alex Watts : Yes I would agree. The landlord had a duty to mitigate his loss that means minimise it. If the Landlord does not and you know reasonable lets have been refused you could decline payment.
Alex Watts : This is because he is offering it at higher rent that he would have gotten from you and also he is not willing to take short term lets. The Landlord must do all that is reasonable to reduce any loss and indeed you may have a claim against him if you have evidence of higher asking rent and that he has turned down lets.
Alex Watts : Can I clarify anything about this for you today please?
JACUSTOMER-anel0me5- : Thank you for your response. Is there any legal term I could quote to them regarding this? Sorry I'm not to great at law and I'm pretty sure they will come back saying that it's wrong and I still have to pay.
Alex Watts : Yes. You just need to say the Landlord has failed to mitigate his loss.
Alex Watts : That is the legal term.
Alex Watts : Can I clarify anything for you about your question today? If not, can I invite you to rate my service which I hope has been excellent.If you need more help then please click reply. Thanks - Alex