Moving out early...

amberlee_3

Hello

Have asked similar to this before on a previous thread, so sorry if repeating myself


I moved into a rental property via an agent in May
At first the property seemed ok but it is obvious there are serious issues with damp- this was not obvious at the time of viewing as it had been newly painted- presumably to hide the damp patches. We also have a possible leaky pipe from the bathroom.
Despite numerous calls to the letting agent (mainly about the leak/wet patch it causes), the landlord never responds and is clearly not interested.

We asked the letting agent if they would remarket the property early
- they basically said we are tied to contract and no they would not remarket- so tough. I accept we are tied to the contract and I will pay rent on time until the end of the contract.

We have found a really nice house we are going to move into in August.
We intend to move out of the hovel we are in now, move to the new place and pay both rents until the contract on the hovel is over.

However- there is a clause in the contract for the hovel- we cannot leave the property unattended for more than 28 days- presumably as it will invalidate the landlord's buildings insurance.
I contacted Shelter about the legality of this- apparantly it is an unusual clause but legally valid and if anything happened to the property the landlord could sue us for his losses.

I know the odds of this happening are pretty low- I can turn off water/gas/elec to minimise risk and I would check it several times a week to make sure all ok.
My issue is- my stepdad is a guarantor for the rent- and I am worried if anything did happen to the house that we could be putting him at risk as a guarantor.

I cannot risk this happening- so we were thinking of maybe staying in the house 1 night a week- poss more so it is not unoccupied.

Does anyone know
1. Would a guarantor be liable for damages if the very worst happened (ie it burns to the ground/gets broken into and trashed and the landlord sues us)
2. How far do we have to take the not occupied thing? Can I just pop in one night a week or would I have to sleep there one or more nights a week??

Planner

amberlee wrote: »

Hello

Have asked similar to this before on a previous thread, so sorry if repeating myself


I moved into a rental property via an agent in May
At first the property seemed ok but it is obvious there are serious issues with damp- this was not obvious at the time of viewing as it had been newly painted- presumably to hide the damp patches. We also have a possible leaky pipe from the bathroom.
Despite numerous calls to the letting agent (mainly about the leak/wet patch it causes), the landlord never responds and is clearly not interested.

We asked the letting agent if they would remarket the property early
- they basically said we are tied to contract and no they would not remarket- so tough. I accept we are tied to the contract and I will pay rent on time until the end of the contract.

We have found a really nice house we are going to move into in August.
We intend to move out of the hovel we are in now, move to the new place and pay both rents until the contract on the hovel is over.

However- there is a clause in the contract for the hovel- we cannot leave the property unattended for more than 28 days- presumably as it will invalidate the landlord's buildings insurance.
I contacted Shelter about the legality of this- apparantly it is an unusual clause but legally valid and if anything happened to the property the landlord could sue us for his losses.

I know the odds of this happening are pretty low- I can turn off water/gas/elec to minimise risk and I would check it several times a week to make sure all ok.
My issue is- my stepdad is a guarantor for the rent- and I am worried if anything did happen to the house that we could be putting him at risk as a guarantor.

I cannot risk this happening- so we were thinking of maybe staying in the house 1 night a week- poss more so it is not unoccupied.

Does anyone know
1. Would a guarantor be liable for damages if the very worst happened (ie it burns to the ground/gets broken into and trashed and the landlord sues us)
2. How far do we have to take the not occupied thing? Can I just pop in one night a week or would I have to sleep there one or more nights a week??

1) Depends on what the guarantors agreement makes them liable for.

2) Whos going to monitor wether you are there or not?

- While you are obliged to pay the rent until another tenant is found and pay the cost of any marketing. The LL shouldnt unreasonable refuse any alternative tenant found - subject to their checks.