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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 7026
Experience:  Solicitor
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Solicitor, We rented a flat in London from a private

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Hey Solicitor,We rented a flat in London from a private landlord (the landlord is a company) via Foxton (real estate agency), and we signed a rental contracted without break clause until June 30, 2018. However, due to visa issues, I had to move out of the UK in December 2017 and end the tenancy early.Currently, we still have the auto deposit deduct from our bank every month for the monthly rental payment.We found a tenant on openrent.com (it's a website for people to post properties in order to find tenant) to take over our rental period until June 30, 2018. However, the landlord refused the tenant based on she has a small dog, even though the new tenant offered to pay him 5 months of rent up front. And the landlord also emailed us the following:"Advertising our flat on the website downgrades the value of our flat so will you please withdraw it immediately and confirm this has been done. Foxtons (a real estate agency) will therefore put the flat on the market immediately and no other means of marketing it should be engage for the time being."1. Can the landlord refuse to new tenant and force us continue to pay rent?
2. Can the landlord refuse to let us advertising the flat? (we are currently paying the rent for the flat)I'm trying to figure out a way to negotiate with the landlord. We have offered to use our deposit (GBP 3300) to offset the rental liability, but got rejected. I'm going to discuss with the landlord again regarding additional compensation to offset the rental liability. But before that, I need to know the following:3. If I stop the monthly payment (GBP 2400) starting from Feb, what's going to happen? My understanding is the landlord can only start suiting us at the end of our contract (June 30, 2018), and the landlord can only claim the amount minus the rental payment from new tenant (if the flat is rent out before June 30, 2018) minus our deposit (GBP 3300). Is this understanding correct?4. If after June 30, 2018, the landlord decides to chase the payment, can he chase the payment internationally (my partner holds a Swiss passport and I hold a Hong Kong passport )? If yes, is there a minimum amount to enable him to chase rental payment internationally?5. what other consequences should we consider if we stop the payment from next month?6. What are the best actions we could do at this moment?Please let us know if you know a solicitor who can help us on this matter. And we can pay hourly fee for the solicitor.Many thanks!

Hello my name is ***** ***** I will help you with this.

I assume you are the tenant?

Customer: replied 4 months ago.
Hey Jamie, thanks for your response. Yes I am the tenant.

1. Can the landlord refuse to new tenant and force us continue to pay rent?

No. The Landlord has a duty to mitigate any loss. So if you are advertising the flat, that is fine.
2. Can the landlord refuse to let us advertising the flat? (we are currently paying the rent for the flat)
No. The Landlord saying that it devalues the flat is ridiculous, it makes no sense whatsoever. The Landlord can not refuse to let you advertise it.
I'm trying to figure out a way to negotiate with the landlord. We have offered to use our deposit (GBP 3300) to offset the rental liability, but got rejected. I'm going to discuss with the landlord again regarding additional compensation to offset the rental liability. But before that, I need to know the following:
3. If I stop the monthly payment (GBP 2400) starting from Feb, what's going to happen? My understanding is the landlord can only start suiting us at the end of our contract (June 30, 2018), and the landlord can only claim the amount minus the rental payment from new tenant (if the flat is rent out before June 30, 2018) minus our deposit (GBP 3300). Is this understanding correct?

Correct.
4. If after June 30, 2018, the landlord decides to chase the payment, can he chase the payment internationally (my partner holds a Swiss passport and I hold a Hong Kong passport )? If yes, is there a minimum amount to enable him to chase rental payment internationally?
In reality no. It if was a country within the EU, then he could get a CCJ over here and then enforce it within the EU. He can't do this outside the EU as it is so much harder.
5. what other consequences should we consider if we stop the payment from next month?
That is it - all he can do is try and pursue you for lost rent. I also would not expect a reference from him!
6. What are the best actions we could do at this moment?

Stop paying if you are going to be going abroad. It makes no sense and it will save you money.
The Landlord is not being reasonable by trying to stop you advertise, so why should you be in paying the rent?

Can I clarify anything for you about this today, please?

not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Jamie-Law and 2 other Property Law Specialists are ready to help you
Customer: replied 4 months ago.
1. To clarify my question number one earlier, the question is can the landlord reject the new tenant based on she has a dog? (There is a clause in the standard rental contract that requiring the permission from the landlord if the tenant wants to have a pet in the flat)
2. To clarify my question number two earlier, we rented the place for GBP 560 per week and we are advertising for minium GBP 450 per week, can the landlord refuse to let us advertise because it's a lower rate?
3. To clarify my question number four earlier, we are in Switzerland. Does that mean we are outside EU and it's difficult for CCJ to chase us? How much would it cost the landlord to chase the rent with CCJ? What's the minimum amount of rent for this CCJ pursue to happen?
4. If we stop the payment, what's going to happen to us when we enter the UK border next time? Will we be stopped at the UK border and ask to pay the rental fine?Many thanks!

I will call shortly, will show as withheld.