Breaking tenancy and finding a replacement

greensalad

Hi,

I am wanting to leave my tenancy and find a replacement for myself.

However, my LL says I'm required to give 2 months written notice to leave my tenancy.

Does this still hold true if I've found a replacement? I told him last week I wanted to leave and find a replacement, so even if I find a replacement next week, can he still charge me up until May?

Yorkie1

Are you in England / Wales?

Are you in a fixed term contract still?

Start date? Fixed period?

G_M

Yorkie1 wrote: »

Are you in England / Wales?

Are you in a fixed term contract still?

Start date? Fixed period?

or is your tenancy 'Periodic' (monthly)?

rentergirl

Hmm...if there is no break clause and you give notice, you are liable for adverts and rent until the place is filled. So if the replacement tenant is gebuinely suitable, I suspect that to refuse them is being unreasonable. Landlord smells money, you scent damages. You just want to go and they can't stop you leaving. My feeling is that if the tenant fits their pre-conditions and passes all credit checks etc, they must accept.

Yorkie1

rentergirl wrote: »

Hmm...if there is no break clause and you give notice, you are liable for adverts and rent until the place is filled. So if the replacement tenant is gebuinely suitable, I suspect that to refuse them is being unreasonable. Landlord smells money, you scent damages. You just want to go and they can't stop you leaving. My feeling is that if the tenant fits their pre-conditions and passes all credit checks etc, they must accept.

Firstly, this advice assumes that OP is still in a fixed term tenancy. This might be correct but we do not know. Hence the previous questions rather than just jumping in and possibly giving incorrect advice from the outset.

Secondly, this is wrong in any event.

T is legally liable for rent until the end of the fixed term. LL has no obligation to accept any replacement. LL might not be able to physically prevent the T moving out, but they can insist on rent up to the end of the fixed term and/or notice period if outside fixed term.

It's absolute rubbish that if T finds someone who passes the credit checks, LL must accept.

Rentergirl, please stop offering advice on stuff you clearly do not know enough about. This is people's lives you're dealing with.

G_M

rentergirl wrote: »

Hmm...if there is no break clause and you give notice, you are liable for adverts and rent until the place is filled. So if the replacement tenant is gebuinely suitable, I suspect that to refuse them is being unreasonable. Landlord smells money, you scent damages. You just want to go and they can't stop you leaving. My feeling is that if the tenant fits their pre-conditions and passes all credit checks etc, they must accept.

I'm afraid once again this is incorrect rentergirl.

The only certainty is that there is a contractual obligation on the landlord, and the tenant, to abide by the fixed term agreement - the LL has to provide the tenant with the property, the tenant has to pay the rent.

Anything else is down to negotiation and agreement. The LL is under no obligation to help the tenant out, or to mitigate the tenant's losses. Nor to rent to another tenant if he chooses not to.

The LL cannot be forced to let the property to tenant B just because tenant A believes tenant B is suitable.

There is also no liabilty on the tenant for "adverts and rent until the place is filled." unless this is agreed between LL and tenant. LL could decide not to charge for adverts, or could insist on charging not just for adverts but for 12% agents fee and/or anything else he chooses as a condition for releasing the tenant early from the contract.

The one thing the LL cannot do is charge two tenants simultaneously for rent, so if he does accept another tenant (B), and grants tenant B a contract, then he cannot continue to charge tenant A rent as well.