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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 24613
Experience:  Senior Partner at Berkson Wallace
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We rented aproperty from agency on 22th Maybthis year,and

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we rented aproperty from agency on 22th Maybthis year,and signed a contract for 3years,two weeks later we found out I was pregnant,the first three months of my pregnancy I feel very well, but now I have a problem with sleep - I can not sleep more than h-5 hours a day,
the property is on the busy road,
we talked to the agency if we could move before the contract expired-that we have to find a new tenant and then we can to move out.
We found a tenant-it was a lady with a child on 11-she met all the requirements of the agency, but our landlord refused that lady­čą▓,
We tried to call our landlady to find out why this lady was not suitable, but she did not talk to us at all.
today we found a new tenant - covers all the requirements of the agency, the new tenant agrees to sign a contract for one year
from the agency did not answer that this is good, and for the rest of the time we will not pay a taxi to the agency - we do not agree with these fees, but the landlord again refused to make an understanding,
My husband and I are very scared - it's not mine to understand why the landlord doesn't want to understand our
situation....
I don't feel well and I can't sleep because of the noise on the street ,
and we also would like to move to a larger property to a quieter place before our baby comes.
we are very confused and worried, and we can't understand why the our landlord doesn't want to do understand
and help us,
we think this is not fair­čśó­čśó­čśó,
Thanks,
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 9 days ago.
Hi ,
Yes-We are happy to continue surch with you and will wait for answer,
Thansk!

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

So he/she turned down your first new tenant but now you have found someone else - is this correct?

and he/she refuses to discuss this with you?

did the landlord give you all the mandatory renting guide and certificates (gas/electric) and protect your deposit?

Customer: replied 9 days ago.
Hi-yes,that is correct,and yes-She doesn't want to talk to us, we contact her through an agent from the agency and then he contacts her

I’m afraid that your pregnancy and the noise on the street is not relevant.  You entered into a three-year tenancy and you are bound under the terms of that tenancy for 3 years or until the landlord gets another tenant.  However if you have found the tenant, the landlord cannot unreasonably refuse to take on the new tenant.  So therefore it depends why he was not taking on new talent and whether they were not financially viable .

If you want to leave, you can tell the agent that you intend to leave in one months time and that if the landlord pursues you for the balance of the rent, you will defend the action on the basis that you have found 2 replacement tenants and your landlord has refused to consider either.

You are then in the hands of the court.

However before doing anything you need to ask the agency on what basis these replacement tenants have been turned down.  If they refuse to tell you, make sure that you have it in writing because that would support a defence to an action by the landlord

.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 9 days ago.
the first tenant who intends to agree to sign a contract for a year, but the lord canceled because the lady was a child at the age of 11, and the second tenant who agreed to sign a contract for one mountain, and the agency agrees. for the rest of the period the fees of the agency but the landlord again disagreed

I don’t understand what you mean when you say the lady was a child at the age of 11.

Do you mean that she had a child?  That is discrimination.

We don’t know why it seems why the second one was turned down.  My answer remains the same.

Customer: replied 9 days ago.
Ops,yes-the lady was with a 11years old child

Thank you.  That explains.  My answer of course remains the same.

Kind regards

Customer: replied 9 days ago.
Hi Mr.Stuart J,
We went to the agancy and we talked to the agent - he showed us this clause of the agreement, ,and said that the landlord is not responsible for the decision why and for what reason he refuses the new tenants
Customer: replied 9 days ago.
That is the clause in our contract
Customer: replied 9 days ago.
Is it possible for us to do something in our favor or not?
Thank you!

The highlighted clause is the default position anyway and it does say “for the avoidance of doubt” which just confirms that he is under no obligation to let you go early.

However notwithstanding that, the common law situation is that here is under a duty to mitigate his loss and that would include having a replacement tenant.  It is apparent that the agent does not know the law or what they are talking about.

Customer: replied 8 days ago.
Thanks,
could we send your answer to our agent and if it is possible to write something like what and how can we do to leave from that property legally,
Thank you!
Customer: replied 8 days ago.
also yestarday,there is no hot water in the property-everywhere - no hot water in the bathroom and no hot water in the kitchen,
the agency connected us with the lanlord, the lanlord asked to take a picture of the boiler and that was it - we did a photo and send it to her,but the lanlord didn't fix the boiler all day.
when we went to the agent in the afternoon to talk to the agent and share your answers with him, we told him we didn't have any hot water all day,
he advised us how to try to fix the boiler by ourselves-we tried -we had hot water for a few hours and then again there was no hot water,
We explained this to the landlord but she still didn't answer us
Thansk,

Of course you can send it and use it as you wish.  You can copy and paste.  There is no facility to email or download.  Sorry.

With no hot water anywhere, the property is unfit for human habitation and that’s a matter for the Environmental Health Department at the local authority.  Tell the Agent that is unless they agree now to get it fixed TODAY you will be making a complaint to the Environmental Health Department at the local authority immediately after lunch with a view to having the property declared unfit for human habitation or in the alternative getting the EHD issue an order to compel the landlord to do it immediately.

Customer: replied 8 days ago.
Thank you verry verry much Mr.Stuart J,
We have sent your reply to the agent, we will write to you again when we receive a answer,
Thanks!

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.
Thank you for trusting Just Answer, and of course me,  with your legal problem.

Customer: replied 8 days ago.
Hi again,
That is the answer from the agent:have spoken to the landlord who has made me aware that she has already spoken to the plumber and has been texting you.Regarding leaving the property early, I have been thinking following yesterday's meeting and have a proposal for you. The re-letting costs to be incurred by the landlord upon re-letting are just under £4,400. Both Dexters and the landlord want to work with you however there is a contract in place and in turn there are costs associated with early termination. With this in mind, I will try my best to get the landlord to agree to absorb 25% of this cost, meaning you would need to pay £3277.50. We will then re-market the property in order to find new tenants. You will be liable for full rent until we can find someone to take over; however Dexters will work to find someone suitable as soon as possible.Please can you let me know your thoughts and if you are happy to pay £3277.50, I will then discuss this with the landlord and come back to you.
Customer: replied 8 days ago.
also they didn't answer as why don't want to accept the tenant we intend to do and agree to sign an agreement for one year?
They set only that-the lanlord disagress....
Customer: replied 8 days ago.
also we have not received a message so far that a plumber will come-

They are dreaming with the reletting costs.  The letting costs have to be reasonable and these are far from it.

However you can argue till the cows come home and if you leave the property is for the landlord to pursue you and for you to defend the action on the court will decide.

There is absolutely no need for them to spend any money remarketing the property because you have already found 2 tenants.

My personal view is I would tell them to get lost for the reasons I mentioned earlier.

Customer: replied 8 days ago.
Thanks for you Answer Mr.Stuart J,
Is it possible for us to pay you and talk to the agent and the landlord instead of us, or to write us an official letter and send it to them?
Thanks

I’m afraid that we are specifically not allowed to take instructions from here.
If the site were to be a source of potential clients, we would no longer be independent because we would have an interest in pursuing litigation.  With no interest in pursuing litigation, we can be really objective with our view is to whether something has a good chance or a limited chance of success.

In any event, for logistical reasons you would be better using a local solicitor .

I could give you the wording of a letter for you to send.  But it would be from you, not from me but it could be along the lines of “our solicitor has told us to tell you this: XYZ” I will submit a premium services proposal for you.

Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 24613
Experience: Senior Partner at Berkson Wallace
Stuart J and other Property Law Specialists are ready to help you
Customer: replied 8 days ago.
Thanks,
I'm just did a payment£30,
And our names are***** Dobreva,
The agent name is***** and the of landlord is Mrs,Suzanne ,

You have my contact email address now.  Please let me have yours and then we can exchange emails off-line for privacy.

Customer: replied 8 days ago.
Today we sent them this, but they didn't answer us:
Customer: replied 8 days ago.
Hi Mark,
yesterday you promised us that you would talk to the landlord again today about Monica - the last tenant we found and then you will call us?
also we have no answer from the landlord that plumber will come and when he will come-this is lie,
let her repent when and what she sent us,
and we also want her to send us a written explanation with a main reason why she rejects the tenants we find-
Mrs.Estrela and Monika.
Thank you!
Georgi&Iskra Dobrevi
Customer: replied 8 days ago.
we want to know how you can be sure that the landlord will agree with the tenants that the agency can find,
Thank you!
Customer: replied 8 days ago.
Customer: replied 8 days ago.
Thank you!
Customer: replied 8 days ago.
We think that is the issue between the agancy and our landlord,
It is a discrimination...

I have given you my suggested letter.  If there is anything you don’t like, please change it.

It’s not discrimination unless they are doing this because of anything which is a protected characteristic under the terms of the Equality Act.

Those protected characteristics are sex, race, religion et cetera.  I cannot see any discrimination here.  It may be unfair but unfair is not discrimination

Customer: replied 8 days ago.
I can't find the letter you sent, can you send it again please,
Thanks
Customer: replied 8 days ago.
Sorry,I found it,
Thanks

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.
Thank you for trusting Just Answer, and of course me,  with your legal problem.