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propertylawyer, Solicitor
Category: Law
Satisfied Customers: 288
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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Dear Solicitor, I would like to ask you a few questions

Customer Question

Dear Solicitor,
I would like to ask you a few questions concerning a property that I rent in London.
Please let me describe you my problem in details:
I have a 12-months fixed contract ending at the end of August that does NOT include a "Break Clause". Also, for some reasons (ie my new work is far away from that property) I decided to move home two months earlier (at the end of June).
I informed my landrord and the corresponding agency at the end of April. All of us (me, the landlord and the agency) decided that the most appropriate way to do that is to find another tennant on the date that I will move out. I think that this is called "Assignment".
Although, I have already informed the landlord and the agency since the end of April, they could not find a new tennant. Thus, I PAID the rent for July, although I have already moved out since the end of June.
My main problem is the following:
I went to that property a few days ago (although I moved out I still have the keys) and I found the landlord removing and replacing the window of the kitchen !!! Also he was rude to me (he did not even say 'Hello' when I oppend the door) !!! I went again to the property another day and I noticed that the walls were freshly painted !!! The last time I went to the property it was very clean and I am afraid that he will also request money from the guarantee !!!
Does he has the rights to do all these repairings/cleaning without letting me know ? Of course and it is his property but I do NOT want to pay the rent for the current month and in the meantime he will be accessing the property and doing all the repairings. If he wants to access the property he should request it from me or HE should "Break the Clause", am I right ? Can I request some money back because he is accessing the property without letting me know? How can I prove all these issues ? What should I do ? Do I have to pay the rent for August or not ?
I will really appreciate your help in this matter.
Thank you in advance.
Submitted: 1 year ago.
Category: Law
Expert:  propertylawyer replied 1 year ago.

Hi Angelos

Firstly, as to ending the tenant early the landlord does not have to agree to this. Your only options are to assign (but a new tenant is never going to take on the fag end of a tenancy) or you let the tenancy run down. Either way you are contractually obligated to pay the rent to the landlord. If you do not pay you can be sued. You cannot assume that it is acceptable for the rent to be paid out of the deposit.

Because you still have a tenancy the landlord should not be carrying out remedial works and decorations without letting you know. There is probably a quite enjoyment clause in the agreement which prevents the landlord from accessing the property during the term, unless you are in breach but even then notice needs to be given, save in cases of emergency.

Was an inventory carried out at the start of the tenancy.? The landlord can only make fair and reasonable deductions. If the deductions from the property are unfair and unreasonable you can raise a dispute with the tenancy deposit scheme when the landlord returns only part of the deposit having made unreasonable deductions.

I hope this helps, any questions or queries ? I am happy to assist further .