End fixed term tenancy early - Landlord being unreasonable?

Guest101

300game wrote: »

We signed up for 12 months not knowing that we didnt have a break clause.
We found an ideal property much quicker than expected and the sellers couldn't wait, we have already completed.

So the lodger solution doesn't work for you?

thesaint

300game wrote: »

We have had the following in an email from the LA, post our offers:
"As you are aware your tenancy agreement commits you until [month removed] 2015 and the landlord is not willing to re-let the property at this time and therefore is not willing to accept your offer (nor do you have his permission to sub-let the property)."

You need to make sure you have your request to sub-let available to show the court. If it is a reasonable request(e.g not saying that you have found someone of "no-fixed-abode" whom is claiming JSA) then you have proven that they are reasonably witholding your request.

Even if they didn't like your homeless non-working replacement, then their response should not give a blanket "You can not sub-let" response, but "Your choice is not suitable, so you will have to find someone else".

300game

Guest101 wrote: »

So the lodger solution doesn't work for you?

Possibly, would a couple sharing a room count as a lodger, with one of us remaining in the property?

bris

Op you do have rights here, whilst it's true that you are in a 12 month tenancy you can just leave if you want. This leaves the LL chasing you for the rent owed, however he must mitigate his losses, he does this by finding another tenant, easily achieved here as you have found more than one.


With the information you have provided any small claims court judge would scald him for being petty and unreasonable, he wouldn't, have a cats chance in hell of winning a case against you.


Write to him telling him you are surrendering the tenancy early and remind him of his obligations to mitigate his loss, you don't even have the need to forfeit the deposit.

kev25v6

Personally I'd start finding loads of "problems " in the house that are going to start costing the LL some money to fix. Start being awkward tenants and he will want you out asap. You have tried to help him out by finding replacement tenants which many people wouldn't bother doing, if he doesn't want to compromise I wouldn't be inclined to do anything to help him out when he does want to sell. Refusing viewings, visits etc become the tenants from hell lol

Guest101

300game wrote: »

Possibly, would a couple sharing a room count as a lodger, with one of us remaining in the property?

Yes

Google rent a room scheme for details

Guest101

bris wrote: »

Op you do have rights here, whilst it's true that you are in a 12 month tenancy you can just leave if you want. This leaves the LL chasing you for the rent owed, however he must mitigate his losses, he does this by finding another tenant, easily achieved here as you have found more than one.


With the information you have provided any small claims court judge would scald him for being petty and unreasonable, he wouldn't, have a cats chance in hell of winning a case against you.


Write to him telling him you are surrendering the tenancy early and remind him of his obligations to mitigate his loss, you don't even have the need to forfeit the deposit.

There is no such obligation in tenancies

Guest101

kev25v6 wrote: »

Personally I'd start finding loads of "problems " in the house that are going to start costing the LL some money to fix. Start being awkward tenants and he will want you out asap. You have tried to help him out by finding replacement tenants which many people wouldn't bother doing, if he doesn't want to compromise I wouldn't be inclined to do anything to help him out when he does want to sell. Refusing viewings, visits etc become the tenants from hell lol

Great advise....

jjlandlord

bris wrote: »

Op you do have rights here, whilst it's true that you are in a 12 month tenancy you can just leave if you want. This leaves the LL chasing you for the rent owed, however he must mitigate his losses, he does this by finding another tenant, easily achieved here as you have found more than one.

No.
If the landlord does not accept the offer to surrender then the tenancy continues and the rent continues to accrue. The landlord has no loss to mitigate and has no obligation to find another tenant.

300game

bris wrote: »

Op you do have rights here, whilst it's true that you are in a 12 month tenancy you can just leave if you want. This leaves the LL chasing you for the rent owed, however he must mitigate his losses, he does this by finding another tenant, easily achieved here as you have found more than one.


With the information you have provided any small claims court judge would scald him for being petty and unreasonable, he wouldn't, have a cats chance in hell of winning a case against you.


Write to him telling him you are surrendering the tenancy early and remind him of his obligations to mitigate his loss, you don't even have the need to forfeit the deposit.

We had a brief (as mush as they will tell you for free type) conversation with a solicitor who also mentioned the LL mitigating his losses, the summary of which we passed on to the LA and hence proceeded to find suitable tenants of which there are loads.