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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am looking advice on a Tenancy situation in regards

Customer Question

I am looking for legal advice on a Tenancy situation in regards ***** ***** renting property.
Recently I had terminate my tenancy at my old apartment. Due to not having a break clause in the contract I am liable to pay the rent until the end of the tenancy.
However I was informed by the agency that I was liable to pay the rent until the end of the tenancy unless a new tenant was found to the property. Ultimately, a new
tenant came up and payed the hold deposit to the agency and the landlord agreed to the new tenancy. It was agreed with both parties that my last day at the property
would be the 29th of October. Due to this agreement, I paid the tenancy fees for the new property and moved out accordingly. Subsequently, on the 30th of October the
agency informed me that the new tenant cancelled the moving in and I was still liable to pay all the rent until a new tenant was found.
I am in a very tight situation as I cannot afford to pay two rents and I truly think the agency is taking advantage of the situation.
Which options I do have? I believe after having a new agreement between the landlord and the new tenant and also having the check out done, I should be released from
the tenancy agreement that I had and therefore having my deposit returned.
Can you please help me to find a solution and the best ending possible for this issue?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Did the tenant and landlord sign the agreement before the tenant cancelled?
Customer: replied 2 years ago.
I do not know that information. The agency did not disclose that to us.
Expert:  Ash replied 2 years ago.
Ok. If the landlord signed as well as the tenant, its a binding contract and you are not liable for the sums as the Landlord could sue the tenant. If one party (Landlord or Tenant) had not signed the contract and only one had EITHER party can pull out at any time, which sadly means you would be still liable.
So you really need to know. Can I clarify anything for you about this today please?
Customer: replied 2 years ago.
I think it doesn't make any sense because we agreed to move out on the 29th and got informed that the deal was cancelled on the 30th. I have emails from the agency encouraging that after our moving date we would be free from the contract.
Customer: replied 2 years ago.
And also, the check out with the inventory clerk from our letting took place.
Expert:  Ash replied 2 years ago.
You need to confirm through whether the agreement with new tenant was signed by both. If it was you are ok, if not you are still sadly liable.
Customer: replied 2 years ago.
Many thanks Alex for your help. We just find out trough the tenant that sadly he has not sign anything and just give them the money as a security hold. Is anything else we can do legally to avoid paying the rent? Are we still entitle to pay also all the utility bills and council tax even being out of the property?
Expert:  Ash replied 2 years ago.
Sadly not. You are still liable for utility bills and council tax until it's relet.
I am sorry.
Expert:  Ash replied 2 years ago.
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