Liability for rent after breaking tenancy agreement

Yazmina

Hello

My boyfriend is having to leave his rented flat before the end of the tenancy. We understand that if another tenant isn't found by the end of the notice period the landlord has the right to keep the deposit. However the landlord has said in writing that if another tenant isn't found he will continue to charge my boyfriend rent. Does the landlord have the right to do this? I don't see how as my boyfriend will just cancel the standing order. Can the landlord chase him through the courts?

Thanks.
Yazmina

ILW

Yes, plus any costs as well.

Silly_Girl

Yes. He can pursue your boyfriend through small claims if he has to.

Do the decent thing, pay up and find someone quickly.

moromir

Presuming the boyfriend lives in England or Wales and is still within the fixed term of the tenancy, then yes the Landlord has an absolute right to be paid the rent in accordance with the terms of the tenancy agreement and will likely pursue the matter through the courts if necessary.

It sounds like the Landlord has tried to be reasonable by trying to find a replacement tenant for your boyfriend.

catfish50

Yazmina wrote: »

Hello

My boyfriend is having to leave his rented flat before the end of the tenancy. We understand that if another tenant isn't found by the end of the notice period the landlord has the right to keep the deposit. However the landlord has said in writing that if another tenant isn't found he will continue to charge my boyfriend rent. Does the landlord have the right to do this? I don't see how as my boyfriend will just cancel the standing order. Can the landlord chase him through the courts?

Thanks.
Yazmina

The landlord has the right to charge him rent until the end of the tenancy. Your boyfriend would be better off withdrawing the notice, paying the rent, and then trying to ensure he gets his deposit back at the end of the tenancy. Otherwise he may also get stuck with the landlord's costs for finding another tenant.

Mankysteve

The LL doesn't even have to allow a new tenant to replace your BF. Best to play ball with the ll and not end up with a CCJ

BitterAndTwisted

Yazmina wrote: »

Hello

My boyfriend is having to leave his rented flat before the end of the tenancy. We understand that if another tenant isn't found by the end of the notice period the landlord has the right to keep the deposit.

Not only retain the deposit but charge your boyfriend for the whole of the rent until the end of the tenancy plus charge him for any damage caused to the property or its fixtures.

However the landlord has said in writing that if another tenant isn't found he will continue to charge my boyfriend rent. Does the landlord have the right to do this?

Yes, they do. The landlord sounds like they are being pretty reasonable in intimating that they will try and find a replacement tenant as I don't think they are obliged to do this at all.

I don't see how as my boyfriend will just cancel the standing order. Can the landlord chase him through the courts?

Your boyfriend can cancel the standing-order if he likes but might find that the landlord considers him totally responsible for all of the rent until the end of his fixed-term, so if a replacement tenant cannot be found I wouldn't be at all surprised if they choose to pursue him for payment through the courts. And they would almost certainly succeed and be awarded their costs to boot.

I think your boyfriend should accept his legal responsibilities and do his utmost to help the landlord find a replacement tenant as soon as possible. In the meantime, the property should be cleaned to the nth degree and he should appear to be totally flexible in allowing access for viewings.

Yazmina

Thanks for your replies. The problems is my boyfriend has had a pay cut and is facing another one. He genuinely can't afford it. For other, personal, reasons I don't think me moving in is the answer. Is there anything else he can do? The notice period is up on 14 April. I thought he should just stay until the end of the tenancy (November), but with the second pay cut, which he only heard about on Monday he really can't afford it.

He's been looking at some of these internet loan companies,which frightens me. He's going to make a bad situation worse if he goes down that route.

Any ideas? He's tried pleading with the landlord.

Thanks.

evoke

Can you/friend/family not lend him some money until he can leave without any issues? It'll be better than doing a runner.

BitterAndTwisted

Your boyfriend should get on his Local Authority's website and check whether he could get any help towards his rent via LHA (Local Housing Allowance). Otherwise, if the landlord doesn't find a replacement tenant he'll be up !!!!!!-creek without a paddle. I suspect that he should concentrate his efforts on finding another tenant tout suite. It's not the landlord's problem that he's had to suffer a pay-cut, unfortunately.

dancingfairy

What do you mean by the notice period is up in April?
It sounds like the landlord may be trying to be reasonable and if he can't get out by serving 1 months notice or whatever's in his contract then his best bet may be to try to come to some sort of arrangement with the landlord where he pays reasonable advertising costs and will pay the rent until either someone else can take over (who the landlord is happy with) or until he can give his notice/ get to the end of the tenancy.
Has your boyfriend checked he is getting all the benefits he is entitled to? income support type thing? council tax help? help with housing costs?
Have you got a credit union near you that might lend to him? Bank loan? If he can't afford it no matter what then he can't afford it and will have to face the consequences ie threats of court, ccj's etc.
You could try the debt free wannabe board and see if anybody has any bright ideas?
df