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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 813
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I am asking this question on behalf of son. He is a

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Hi I am asking this question on behalf of son. He is a industrial placement student and rent a 3 bed house with his two other friends. However, due to having to pay the council tax on his own as they other two were exempted, all 3 decided to end the tenancy early with the mutual agreement from the landlord. Landlord gave them 17 November as the moving out deadline as she managed to get new tenants. But the new tenant pulled out and never move in. Is my son still liable to pay the rental at this point?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: What I would like to know is if my son is still liable to pay the rental as all 3 were given the notice to move out on 17 November as new tenants is supposed to move in the following week.
JA: Where is the house located?
Customer: In Bristol
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I need advice but before that, how much do you charge for the service?
Customer: replied 10 days ago.
He could just about managing the rent and utilities on his salary as an industrial placement student but he didn't expect to pay the council tax as well on his own as the other two were exempted from paying.

Hello my name is Ross and I can help with this matter.

Customer: replied 10 days ago.
Thanks. What is my son's right in this case? Does he has to continue paying the rental until another new tenant is found.
Customer: replied 10 days ago.
I am happy for you to response via email or on this site

The answer is no, he is not liable. Hopefully he will have this agreement in writing. Any contract can be terminated as long as the parties involved are all agreed. Therefore he will not have to continue to pay the rent as they have all agreed to terminate the contract. The fact that the new tenant has reneged on the deal they had with the landlord is nothing to do with your son. The only potential issue would be if the landlord had agreed to terminate the lease on the 17th solely on the condition that the new tenant moves in. However, in absence of this type of agreement then your son will not be liable at all.

I hope this information has helped.

 

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

Ross Miller and 4 other Law Specialists are ready to help you
Customer: replied 10 days ago.
Thank you. I will go back to the landlord's letting agent tomorrow and dispute this as the agency insisted my son and the other two have to cough up the rent until the next tenant is found. This includes paying the council tax

You are welcome. If they have the original agreement in writing then the agency doesn't have a leg to stand on.

Customer: replied 10 days ago.
Original tenancy document doesn't mention anything about having to continue to pay until new tenant is found. I have looked through the agreement numerous times and I still can't see anything to that effect.

If you have a copy of correspondence in relation to the agreement on the 17th then be sure to keep these.