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I let an expensive 2-bedroom flat, but my circumstances changed and I could no longer afford it part way through the lease. So I decided to live in the sitting room and 'sublet' the main and second bedroom to two nice people.
They have just left, so the flat now just has me. I will need to do the same again, but the landlord has found out.
The lease expires in 12 months.
I'm wondering the best way to proceed.
Yes please, could you then advise the quickest way to get out of the tenancy?
I believe that the 2015 budget outlines plans to make it illegal for private sector tenancy agreements to include clauses that prevent the sub-letting of the property. Out of curiosity, do you know when that might come into force by any chance?
Assuming I wanted to leave, what would be the best way to proceed?
Would I need to state financial hardship, or just put it as a request?
Would I give a date and say that I will pay for two months or up until the landlord finds a replacement?
udget outlined plans to make it illegal for private sector tenancy agreements to include clauses that prevent the sub-letting of the property
And if he didn't find a replacement within a month, I would be liable for rent theoretically until the end of the tenancy?
And if the landlord found a replacement at a lower rent, would I need to make up the difference until the end of the tenancy?
Thank you for your time.
Will you be around tomorrow evening?
Thank you for your previous advice.
So the safest option seems to be to leave as soon as I can and secure somewhere else I can afford.
Could you please write a brief quitting notice that I can email to the landlord (if email would suffice – it is how we have communicated before)? I would also like to inform the letting agent who deals with finding replacement tenants.
Please let me know a charge for this and I will add it as a tip.
As you wrote above:
Something to the effect that I need to leave within one month.
That the landlord is under a duty to mitigate his loss by seeking a replacement and usually he is expected to achieve that within one to two months.
He would have to prove he had looked to find a replacement at the existing rent and could not find out which is hard to do. If he could do that then you would be liable but that isn't going to happen.
I asked a couple of days ago about the possibility of having someone else added to the lease. Landlord said considering it, for an increase in rent. Complicated by needing reference checks, amendment of documentation, and notification of freehold owner.
It's a 2-bed flat. I cannot afford to stay unless I split it three ways.
Is there any risk or downside in asking if the landlord would, of an additional increase in rent, consent to me sub-letting to two other people as an alternative to giving notice?
And saying that otherwise I would need to give notice that I will be leaving within a couple of weeks.
I seem unable to rate your answer again (I did so previously). Please let me know any extra costs for these additional answers.
Apologies, but a few more queries before I finally commit:
1) When you wrote above "but the landlord has a duty to mitigate his loss by seeking a replacement" - should I add to that 'at the same rental rate'?
2) Is there any advantage in asking to be released from the tenancy instead, in the same email as giving notice of intention to leave?
3) Should I give 1 month, or 2 month's notice (as 2 months is what I would need to give to end a shorthold tenancy anyway),
4) and how would I do this whilst also making it clear that I could leave immediately (so as not to risk losing any prospective tenants)?
5) Is there any advantage of offering to make up the difference between current rent and prospective rent (to make it easier to find a replacement).
Please get back to me as soon as you can. As before, I offer additional fee for your time for this extra work.
I have followed through with giving notice.
If you would be prepared to help me further with replies I would like to buy another thread service at the maximum cost?
When I originally asked the question I could chose a level of service (a high/medium/low matrix of two giving a set of costs).
Can you advise how I do this again so as to generate another fee for you?
I want to buy another one of these from you (but at the maximum value):
I have asked another question on another thread, if you could pick it up.