Land Lord Help

jonnyd23

We have just moved out of a rented flat and into our own bought house. When we told the land lord we are moving out early before the end of the contract he said that would be fine if he were able to get another tenant to occupy the flat.

The landlord then told us he had a new tenant to occupy and took the flat off advertising while things were going through. The tenant then pulled out and now the land lord says that i will have to pay rent until a new tenant moves in. Can he do this?

As he took the flat off from being advertised and stopped potential tenants viewing, also on the tenancy agreement it has an unfair term in there saying that:

4.2 If at any time the land lord wishes to end the Tenancy prior to the fixed term expiring then the Landlord may give the Tenant not less than two calendar months notice in writing stating the landlord requires possessions.

but then it says

4.3 The tenant may bring the tenancy to and end by giving the landlord one months nitice in writing not to expire earlier than 12 months from the commencement date of tenancy.

we did provide him notice

where do i stand???

G_M

4.2 If at any time the land lord wishes to end the Tenancy prior to the fixed term expiring then the Landlord may give the Tenant not less than two calendar months notice in writing stating the landlord requires possessions.

This is probobly unfair/unenforcible but is irrelevant to your situation.

4.3 The tenant may bring the tenancy to and end by giving the landlord one months nitice in writing not to expire earlier than 12 months from the commencement date of tenancy.

we did provide him notice

I assume this is ocurring within the initial 12 months fixed period? In which case your 1 months notice is irrelevant. (If after 12 months, then you're OK)

The landlord then told us he had a new tenant to occupy and took the flat off advertising while things were going through.

The LL seems to have acted reasonably. Having found a replacement tenant he stopped advertising. To continue advertising would have incurred further costs (which he could pass on to you as you are breaking your contract early!) so he did the sensible thing. The fact that he has been let down by the new tenants is not his fault.

Unfortunately since you are choosing to break your contract, you are liable for his unforeseen costs.

jonnyd23

G_M wrote: »

This is probobly unfair/unenforcible but is irrelevant to your situation.



I assume this is ocurring within the initial 12 months fixed period? In which case your 1 months notice is irrelevant. (If after 12 months, then you're OK)



The LL seems to have acted reasonably. Having found a replacement tenant he stopped advertising. To continue advertising would have incurred further costs (which he could pass on to you as you are breaking your contract early!) so he did the sensible thing. The fact that he has been let down by the new tenants is not his fault.

Unfortunately since you are choosing to break your contract, you are liable for his unforeseen costs.

the agreement i have is a continuation of the original document. The original document off 2 years ago was written up by Chase Holmes (estate agency) then the continued one after has just been duplicated by the land lord without the office header

G_M

So is the current agreement a new 12 month contract identical to the original 12 month contract? Did you sign this 'new' agreement with the LL? (whatever the header) How long have you been there and what is the current Agreement?

It sounds like you had a 12 month contract and when it expired you signed a new 12 month contract, but please clarify.

jonnyd23

yes thats exactly right we do have anothetr 12 month agreement, however the is not a break clause

Jowo_2

Sounds to me that the landlord is agreeing to release you early from your contract with the condition that a replacement tenant is found which is a fairly typical way of doing it - he doesn't have to accept your request at all.

It's inconvenient to you that the new tenants then withdrew but hardly his fault. It sometimes happen that the new tenants fail the credit check or supply bad references which makes it impossible for the landlord to accept them.

Perhaps the landlord should have continued to accept viewings until the incoming tenant had paid their deposit and signed the tenancy agreement because there are always timewasters who request a tenancy and then fail to commit.

But he's between a rock and hard place doing that as the practice of continuing with viewings is resented by the tenants that have requested the tenancy and can waste the time of later tenants who find out that there was already someone else interested in moving in.

clutton_2

you are breaking your contract to stay for 12 months - you are liable for the landlords costs to find another tenant - however long that takes - he is doing you a favour. you are the one in the wrong here