Advice on breaking rental contracts for elderly parent

elsien

Herzlos said:

tomcorby1 said:

Unfortunately 18 months ago he had agreed to a 24 month rental lease on his old flat that does not terminate until July 2025. I suspect - but cannot prove - that he was pressurised into this new contract. It has no escape clause and his previous landlord has refused to cancel it. He is therefore paying rent on both his supported accommodation and his old flat. He has been doing this for 5 months.

Is he competent to make his own decisions now and at the time?

In any case, he's 89, so what does he have to lose by just not paying the rent on his old flat? Some bad credit?

Well if not, he probably wouldn't be able to end the current tenancy or have had capacity to have signed the tenancy for his new place either. So the OP needs to be careful there about what boats he and his father want to rock. Because without an LPA, that's a court of protection application otherwise. 

The rest of it is fair comment. 

Savvy_Sue

Shelter or Age UK?

silvercar

If he told the landlord he was leaving with say 2 months notice, the landlord would have a duty to mitigate his losses. The landlord can't just sit back and do nothing! Your father would be liable up until the point a new tenant started paying rent and for the reletting costs.

Loza2016

If this was my Dad I would write to the landlord and explain he can no longer afford the rent and no further rent will be paid. 

The landlord then can start the process to find a new tenant. The landlord could sue your Dad but at the age of 89 & no assets it would be pointless and there’s a good chance the landlord knows this. 

I used to manage property on behalf of landlords & we would always try our best to accommodate changes to the tenants circumstances without the landlord loosing out. I always found a bit of give and take on both sides worked well. Best of luck 

dinosaur66

this d head gives landlords  a bad name

it is very very easy to for landlords to rent nearly any property at the moment anywhere in the uk so no need at all for the landlord to do this.

Ratkin007

Not quite the answer to the question, but maybe worth checking the local authority website to see if there is a Selective Licensing scheme in place for the property address.  If there is, check if the landlord is licensed.  If the landlord is not licensed but is required to be licensed then your father could apply for a rent repayment order. 

FlorayG

dinosaur66 said:

this d head gives landlords  a bad name

it is very very easy to for landlords to rent nearly any property at the moment anywhere in the uk so no need at all for the landlord to do this.

True but huge numbers of landlords have no idea of rules and regulations; perhaps if the OP were to explain the situation to the LL properly he would become amenable to teminating early

theartfullodger

dinosaur66 said:

this d head gives landlords  a bad name

it is very very easy to for landlords to rent nearly any property at the moment anywhere in the uk so no need at all for the landlord to do this.

They've already got a bad name.

Idiot stupid inconsiderate mean this one.

Brie

Stop paying the rent on it.  Hopefully he's also stopped paying council tax on it too and anything else.  Take readings of the gas and electric and water if possible and advise all of those that he's moved out and the landlord is responsible for the bills from X date.  

This will likely result in him having debts and a poor credit history.  Does he care?  What are they going to do?  

Write to the landlord and tell him that the place is available to rent out.  But no further rent will be paid.  

Others may disagree that this is a good way to proceed but i figure no one is going to sue him or harass him for the £ given his age and health.  

pinkshoes

I'm surprised he has done this for 6 months already.

I would write giving one month notice and tell them to readvertise it and state no more rent will be paid after this date. Make it clear that the property was unsuitable for his physical needs hence the need to move, which he explained to them 6 months ago.

Send with proof of postage.

Given his age and health, does he really care if the LL takes him to court?