Post-fire dispute with landlord - vacating property

aladdin2024

Hello. Would greatly appreciate any advice on the below as it is causing huge worried for me and my family. 

Due to our house being uninhabitable following a house fire, (which caused huge emotional turmoil for my husband, me and our two toddlers), our insurers asked us to find suitable alternative emergency accommodation for 6 months. (We ultimately entered into the AST on 1 March 2024 until March 2025).

As no short term let was available, we found a small flat under a 12 month tenancy via a letting agency. There is no break clause in the AST, and we need to give landlord at least 2 months' notice to terminate the AST, which we can only do contractually with landlord's agreement. Prior to entering into the tenancy, we queried with the insurers and letting agents what we should do when we needed to vacate the flat and move back into our house.  The insurers agreed to pay the entire yearly rent to landlord directly up front in March 2024 (which they have done). The insurer told us not to concern ourselves with what would happen when we moved out of the flat, and that they (insurer) and letting agent would deal with all bills, obligations under the lease thereafter, and they would liaise with landlord to find new tenants when we vacated. The letting agent said the same thing and they sent us a written letter confirming this. Upon this basis, we entered into the tenancy.

Fast forward 6 months, we are vacating the flat and moving abroad this weekend indefinitely.  We gave landlord 2 months' notice as per the AST, at which point he told us that he refused to accept surrender of the lease. We met and spoke with him about the situation and showed him the letter from the letting agent stating we wouldn't be liable for the clauses under the AST after we vacated the property after 6 months. He was gobsmacked. He said he never agreed to this with the letting agents. He said he engaged them on a find tenant service only. He said the letting agents had told him that we (as tenants) wanted to stay in the flat for at least 2 years (never that we would likely move out within a few months). He said he does not and will not rent the flat out to anyone else as it is too much hassle for him. He refuses to let us vacate the flat, stop paying the bills and/or cease to comply with the obligations under the AST (which, among other things, requires us to flush the loos/drains every 7 days, and not leave the flat unoccupied for longer than 30 days, a condition which I imagine if breached will vitiate landlord's liability insurance).

In any case, as we are moving abroad this weekend, it will not be possible to observe those conditions. We are happy to continue paying the bills (as we can seek reimbursement of the same from the insurers). 

We have informed the letting agent and insurers of all of this. They have been unresponsive. Landlord is insisting we cannot vacate and he will hold us legally liable (as we signed up to the AST) for any breaches/damage. 

Given that we relied on, primarily, the representations given to us by the letting agent prior to entering into the tenancy, what rights does landlord have against us? Can he take legal action? What sort of information should we give to him in our final email where we plan to inform him we have vacated the flat and left the keys with the letting agent?  What other risks/issues do we have to consider? 

Another issue is that, realistically, we don't think the landlord will suffer any damage by us vacating early, especially as he was paid the whole year's rent up front by insurers, we can continue paying the bills if necessary. The only potential damage is because the flat will be unoccupied over the Winter months, if the drains, water, heating is not used, the condition of the flat may deteriorate significantly. However, having given notice to the landlord that the flat will be left unoccupied, surely he won't be able to knowingly leave it unoccupied over Winter, let it deteriorate, and then claim against us for those damages? 

The other concern is that, as we will be abroad indefinitely, it is not clear whether we will even receive any legal claim/notice if the landlord does pursue that route (as our last known UK address, to which the landlord will presumably service notice) will not forward any mail on to us abroad). 

Grateful for any and all guidance! Thank you

tacpot12

The landlord has a recourse against the Letting Agents IF the agents have done something that they were not allowed to do. That is not your problem. Ultimaiteyl the court will look at the tenancy agreement as being what binds you. There is an arguement that the tenancy agreement is null and void because there was no meeting of minds - you wanted a six month let, the contract was for 12 months, but I would expect your insurer to make this defence if they want to do so. If you are sued by the landlord, you can ask your insurers to deal with it as they have already agreed that they will handle it. 

The landlord is under an obligation to minimise their losses. So they should accept any reasonable tenant to ensure that the flat can be occupied over the winter. They won't have a claim against you for damages if the letting agent offered them tenants or the landlord failed to market the property. 

To minimse damage, you should turn the cold water off at the stop tap, and arrange for the heating to be left on at a low temperature (14C should be sufficeint to stop the flat becoming damp). You will be responsible for the cost of the fuel until the new tenant takes over or your tenancy ends (at the end of the 12 months). If the flat has a hot water storage tank, you might want to consult a plumber to see if the tank can be drained and whether they would advise doing so. (The plumber can collect the keys from the Letting Agent if you don't have time to arrange a plumber to come before you leave the UK - I expect you will be very busy and don't need another thing to do!). 

In your email to the landlord, you should apologise for the misunderstanding, but lay the blame for this at the door of the letting agent. (You are not party to the agrement between the agent and the landlord so have to take the letting agents statements and actions on the assumption that they have permission). Tell the landlord (and letting agent) what you have done to prepare the flat for a period of non-occupation, and confirm that you have handed all keys back to the letting agent. It would be polite to provide your new address where you can receive any communication the landlord or letting agent needs to send you. 

Alderbank

aladdin2024 said:

Hello. Would greatly appreciate any advice on the below as it is causing huge worried for me and my family. 

Due to our house being uninhabitable following a house fire, (which caused huge emotional turmoil for my husband, me and our two toddlers), our insurers asked us to find suitable alternative emergency accommodation for 6 months. (We ultimately entered into the AST on 1 March 2024 until March 2025).

As no short term let was available, we found a small flat under a 12 month tenancy via a letting agency. There is no break clause in the AST, and we need to give landlord at least 2 months' notice to terminate the AST, which we can only do contractually with landlord's agreement. Prior to entering into the tenancy, we queried with the insurers and letting agents what we should do when we needed to vacate the flat and move back into our house.  The insurers agreed to pay the entire yearly rent to landlord directly up front in March 2024 (which they have done). The insurer told us not to concern ourselves with what would happen when we moved out of the flat, and that they (insurer) and letting agent would deal with all bills, obligations under the lease thereafter, and they would liaise with landlord to find new tenants when we vacated. The letting agent said the same thing and they sent us a written letter confirming this. Upon this basis, we entered into the tenancy.

Fast forward 6 months, we are vacating the flat and moving abroad this weekend indefinitely.  We gave landlord 2 months' notice as per the AST, at which point he told us that he refused to accept surrender of the lease. We met and spoke with him about the situation and showed him the letter from the letting agent stating we wouldn't be liable for the clauses under the AST after we vacated the property after 6 months. He was gobsmacked. He said he never agreed to this with the letting agents. He said he engaged them on a find tenant service only. He said the letting agents had told him that we (as tenants) wanted to stay in the flat for at least 2 years (never that we would likely move out within a few months). He said he does not and will not rent the flat out to anyone else as it is too much hassle for him. He refuses to let us vacate the flat, stop paying the bills and/or cease to comply with the obligations under the AST (which, among other things, requires us to flush the loos/drains every 7 days, and not leave the flat unoccupied for longer than 30 days, a condition which I imagine if breached will vitiate landlord's liability insurance).

In any case, as we are moving abroad this weekend, it will not be possible to observe those conditions. We are happy to continue paying the bills (as we can seek reimbursement of the same from the insurers). 

We have informed the letting agent and insurers of all of this. They have been unresponsive. Landlord is insisting we cannot vacate and he will hold us legally liable (as we signed up to the AST) for any breaches/damage. 

Given that we relied on, primarily, the representations given to us by the letting agent prior to entering into the tenancy, what rights does landlord have against us? Can he take legal action? What sort of information should we give to him in our final email where we plan to inform him we have vacated the flat and left the keys with the letting agent?  What other risks/issues do we have to consider? 

Another issue is that, realistically, we don't think the landlord will suffer any damage by us vacating early, especially as he was paid the whole year's rent up front by insurers, we can continue paying the bills if necessary. The only potential damage is because the flat will be unoccupied over the Winter months, if the drains, water, heating is not used, the condition of the flat may deteriorate significantly. However, having given notice to the landlord that the flat will be left unoccupied, surely he won't be able to knowingly leave it unoccupied over Winter, let it deteriorate, and then claim against us for those damages? 

The other concern is that, as we will be abroad indefinitely, it is not clear whether we will even receive any legal claim/notice if the landlord does pursue that route (as our last known UK address, to which the landlord will presumably service notice) will not forward any mail on to us abroad). 

Grateful for any and all guidance! Thank you

Welcome to the forum.

'The insurer told us not to concern ourselves with what would happen when we moved out of the flat, and that they (insurer) and letting agent would deal with all bills, obligations under the lease thereafter, and they would liaise with landlord to find new tenants when we vacated. The letting agent said the same thing and they sent us a written letter confirming this.'

The landlord might like you to stay in the flat but neither he (nor anyone else) has powers to force you to physically do so.

Your insurers have indemnified you. They will deal with all the legal issues on their client's behalf, as they are empowered to do.

You just tell your insurers when you plan to move.

anselld

You should understand that whatever the agent has confirmed in writing is exactly as good as the Landlord confirming it themselves.  That is the definition of agency.  Do not agree to anything over and above whatever is in that letter, it is not your problem.

Grumpy_chap

aladdin2024 said:

we found a small flat under a 12 month tenancy via a letting agency. There is no break clause in the AST, and we need to give landlord at least 2 months' notice to terminate the AST, which we can only do contractually with landlord's agreement. 

Fast forward 6 months, we are vacating the flat and moving abroad this weekend indefinitely.  We gave landlord 2 months' notice as per the AST, at which point he told us that he refused to accept surrender of the lease. 

He said he does not and will not rent the flat out to anyone else as it is too much hassle for him. He refuses to let us vacate the flat, stop paying the bills and/or cease to comply with the obligations under the AST (which, among other things, requires us to flush the loos/drains every 7 days, and not leave the flat unoccupied for longer than 30 days, a condition which I imagine if breached will vitiate landlord's liability insurance).

You clearly had a tough time of late and hope the new home abroad works out well for you.

With regard to post, can you put in place a Royal Mail redirection?  That can be for up to two years IIRC.

With regard to the break clause and the 2-months' notice, the devil may very well be in the detail.
Is it a minimum 12-month AST and you would need to give 2-months' notice at the end of that term to prevent simply rolling into a periodic tenancy?  (That would mean notice at month 10 that you are leaving at month 12.)
OR, is it that you can serve 2-months' notice at any time (usually after minimum 6 months) to sever the tenancy?

Anyway, whatever the tenancy says, the worst case is that the LL treats your leaving prior to the 12-months as a breach of contract.  That would leave you liable for the ongoing costs and obligations of the tenancy (e.g. flushing the toilets - which is an odd thing to be written into an AST) but also obligates the LL to take reasonable steps to minimise losses.  For the LL to minimise losses, that would mean remarketing the property (though there could be a route for the LL to recover remarketing costs from yourself).

On a practical basis, have you spoken with the LA?  If they are remarketing the property and will be visiting anyway with prospective tenants, the LA may be able to flush the loo and such like.

RHemmings

tacpot12 said:

The landlord has a recourse against the Letting Agents IF the agents have done something that they were not allowed to do. That is not your problem. Ultimaiteyl the court will look at the tenancy agreement as being what binds you. There is an arguement that the tenancy agreement is null and void because there was no meeting of minds - you wanted a six month let, the contract was for 12 months, but I would expect your insurer to make this defence if they want to do so. If you are sued by the landlord, you can ask your insurers to deal with it as they have already agreed that they will handle it. 

 

Very interesting. I was not aware of the meeting of minds requirement for a contract to be valid. (I keep saying that I'm not a lawyer).

Would you say that what has happened here in the OP falls into one of the three types of mistake in contracts mentioned here? 

https://legalvision.co.uk/commercial-contracts/mistake-in-contract-law/

(Common mistake, mutual mistake, unilateral mistake). 

I'm not saying that a lack of meeting of minds can only happen through a mistake. I'm mainly trying to understand this new to me aspect of law. 


Returning to the thread, if the landlord has been misled by the EA, then the landlord may be able to complain and seek compensation through whatever scheme the EA belongs to: The Property Redress Scheme or The Property Ombudsman Scheme. It might or might not work, but if I was in the OP's shoes, I would point this out to the landlord, and offer to provide evidence and any other help should the landlord choose to pursue compensation by this route. This may help put the landlord and OP on the same side against the EA. And, to my eyes it looks as if the EA is the one at fault here. 

The OP will know which scheme the EA belongs to, or can look it up on the EA's website. 

If this ends up costing the OP more than it should (though, insurer seems to be covering things), then the OP could also pursue such a complaint and ask for compensation. There may be some compensation just for inconvenience and distress caused, even if there is no financial loss.

silvercar

tenants a tenants are only obliged to behave in a tenant like manner. Most owners would go on holiday for a fortnight without arranging for a neighbour to come in and flush the toilets and drains after 7 days. Sounds like an unfair contract term to me.

Anyway, you are going abroad, your insurer will sort out the surrendering the tenancy. I can’t see the landlord pursuing you in a foreign court.

aladdin2024

Thanks all so much for your super helpful responses! They are providing comfort during this difficult time.  I have responded to the various queries - please let us know if any further concerns should be considered based on this?

- the insurers are being incredibly unhelpful. Despite chasing them continuously for some assistance over the past couple of months, we get one holding response from them a month. They have not dealt with any of this very well.

- Landlord has told us the letting agents were engaged on a find tenancy basis only, and they had no authority to agree any terms/say to us that we don't have to observe the lease after we vacate mid-way through the tenancy.  I suppose that might be right as a matter between landlord and letting agent, but for our purposes, we had no idea about this at the time of entry into tenancy, we assumed the agent had actual or apparent authority, and relied upon that.

- It is a 12 month AST, and we are only able to give notice at month 10, according to the lease. The landlord has insisted that he will not allow the existing letting agent or any letting agent to remarket or relet the property. My understanding is that, since we have spoken with the landlord and explained what the letting agents have done, he will definitely not engage them any longer, so they won't be able to relet the property for the landlord anyway.  It makes sense that he has to minimise his losses, but at the same time, our concern is, we have signed and are bound by the AST, with all of its weird and wonderful clauses, so if we leave it, and landlord simply treats it as if we haven't surrendered (which he says he will), if the flat deteriorates (in particular over Winter), he will try to argue that is our fault because we did not comply with the AST and bring a legal claim against us.

- I guess we should be relying on the fact that the letting agent effectively added to and/or modified the terms of the AST by representing to us that we could vacate and forgo the obligations under the AST once we vacated.  But that still doesn't mean the landlord won't come after us instead of the letting agent, as in his mind (and he says he has obtained legal advice about this) his contract (AST) and therefore right of legal recourse is with us.

- Agree that the landlord may be able to seek redress against the letting agents. But he says he doesn't want to as his contract (AST) that he believes has been breached is with us. Technically, I suppose this is true, as we do not have a break clause in the AST.

- It is all trivial as long as the flat doesn't deteriorate whilst we are out of it because the landlord has received the year's rent already, and we will have to continue paying the bills. So he is not out of pocket at all. The concern is that he might issue a legal claim at any point in the UK and we would be none the wiser.

- I've heard of a previous example where an acquaintance moved abroad, but someone still filed a claim against them through the UK courts for about £6k, sending notice to their last known UK address. The claim went all the way through the courts, judgment was passed against them, a debt summons issued, which ultimately led to a bankruptcy order being made and then trustees in bankruptcy being appointed (all because the person never received notice of any of these as they were all sent to his old UK address).  Once they finally found out about it, they were in about £100k of debt due to all the fees, interest, etc. So they had to spend the time and money hiring lawyers and fighting against the claim in court - eventually they won after 2 years on the basis that it was a miscarriage of justice to allow the claim to reach that stage without notice reaching the defendant, but still a nightmare scenario to be in. 

- if you think a similar scenario could happen to us, maybe we should provide landlord with a family's contact address in the UK in which he does end up serving us with a legal claim notice. But then again, why give him that route to pursue?

silvercar

Hand the keys back with a letter (copied to insurer) that you are surrendering the tenancy, that all correspondence should go to the insurer as you are moving abroad. You can say that you were given to understand by insurer that your tenancy of X months was agreed in advance, and if the landlord has issues with this he should take it up with insurer. Say you understand the landlord may feel aggrieved, but you took the tenancy on the basis of it being short term and in any case are aware he has a duty to mitigate his losses.

saajan_12

Re the Letting agent, whether they were authorised to negotiate or not is the LL's problem - for your purposes its as if the LL said it himself. However even then, if there was a subsequent signed contract then that contract would override it. So you would be bound to the 12 months and other terms of the contract. 

So what are those terms - 12 months rent already paid. You should keep your name on any bills, council tax etc and then claim them from the insurer. It should not be the LL's problem.
However IMO the other obligations to flush every 7 days etc would be unenforcible. Tenancies give you the right to live there, not the obligation - what if you were just on holiday for 2 weeks or decided to only use the toilets in the gym and office?

aladdin2024

The letting agent and landlord have both refused to accept handover of keys. We don't have an address for the landlord to post them to in any case.

The most onerous of those AST terms are keeping the flat looked after, ventilated and heated appropriately, which we obviously cannot do when it remains to be hot (now) or turns cold over winter.  Putting the landlord on notice that we'll be vacating should mean he does it if he wants to protect his asset, but the concern is that he won't, let the flat fall into disrepair, and then file a legal claim for damages against us at the end of the tenancy.