replied 4 months ago.
please ignore above letter, just rewrite it and see below instead:
Dear Shuai and Lin,I trust this letter finds you well.I am writing to formally acknowledge your request to exit your lease early, which was agreed to, signed and executed by both parties on 14th August 2020. The lease we mutually agreed on, extends your rental period at the property (11 Alaska Apartment, E16 1BW) from 14th October 2020 to 13th April 2021 (inclusive), with no break clause.To summarise our communications on this so far:On 3rd September 2020, Shuai Yuan messaged me on WeChat to notify me that although the Tenancy Extension Agreement (as referred to above) has been agreed to, signed and executed; due to a change in personal circumstances (i.e. you are “trying to conceive for a baby” and would like a bigger space), you want to exit the lease early.On 7th September 2020, I responded on WeChat and explained that due to the mutual contractual obligations (which puts legal obligations on me not to evict early, but also legal obligations on you not to leave early) and no break clause in the contract, that legally you are liable for the rental payments from the day the tenancy extension starts (i.e. from 14th October 2020) until I find a new tenant, or until the last day of the agreed tenancy term (i.e. 13th April 2021). It is legally immaterial whether the tenancy extension has started yet, only that it has been agreed to, signed and executed. As such, exiting the lease early can only be done by agreement. I also said that even if we should come to an agreement for you to exit the lease early, I would be unable to start looking for a new tenant until you confirm the date you would like to vacate in writing.On 9th September 2020, whilst there is no legal obligation for me to do so, out of goodwill, via WeChat, I offered what I deem to be a reasonable compromise and one which would mitigate your financial loss, but also protect against my potential financial loss. I offered that: if you are set on moving out of the property before 14th October 2020 and thereby surrendering your tenancy agreement, you would be required to pay the equivalent of 11 weeks' additional rent as a forfeit, plus any reasonable additional costs that should be incurred (e.g. costs on re-marketing the flat, council tax before the flat is reoccupied, etc.), but otherwise that you would no longer be liable for any future payments. However, should a new tenancy start during the 11 week period, the forfeit payment would only be due up until a new tenancy started, and I would refund you the balance of the forfeit already paid on a pro rata basis. I also suggested an alternative, whereby I would market the property with your permission, and you could continue to occupy the property until I found a new tenant, at which point you could leave when the new tenancy started, without further obligations (other than those obligations related to ending the lease and returning the apartment).On 11th September 2020, I contacted you again via WeChat to remind you to respond to my proposal and let me know your decision.So far, I have not heard back from you, and you have not responded to these proposals. I do need a decision from you on whether you wish to stay until the end of the tenancy, the 13th April 2021, as agreed (which is the default legal position), or whether you wish to accept one of the offers I have made as above. Note: failure to either honour the tenancy as it stands, or failure to accept one of my offers and thereby end the tenancy early by agreement, constitutes an illegal act, for which I can pursue you in a court of law; though I sincerely ***** ***** does not come to that.Assuming your intention to act in good faith, and in order to mitigate both of our financial losses due to your request to exit the tenancy early; I would like to re-let the property at the earliest opportunity and require the below information from you before I can take action:
1. Confirmation in writing of the decision you intend to take as above;
2. If you intend to accept my offer limiting your liability to a forfeit of 11 weeks’ rent plus costs, then confirmation of the date you will vacate the property, will return the keys, and be subject to an inventory check; and3. Your new residential address to which I can direct any further correspondence.