Advice on breaking rental contracts for elderly parent

silvercar

The landlord has a duty to mitigate their losses. So give up the tenancy and tell the landlord to relet it.

elsien

So what have you done since the last time you asked the question?
https://forums.moneysavingexpert.com/discussion/6571073/advice-on-rental-for-my-89-yr-old-father#latest

_Penny_Dreadful

tomcorby1 said:

My father is a disabled 89 year old who this June had to move into supported accommodation due to his frailties (he cannot walk on his own and suffers multiple illnesses). This new accommodation is run by a housing association and is difficult to secure so he had to accept the offer when it became available.

His previous flat was completely unsuitable for his mobility and health needs.

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 6 months. 

This has put him under severe financial and mental pressure as he struggles to cover the cost of two rentals.

I realise that he is under contract, but what are his options - his old landlord is unreasonable?

Any advice is gratefully received

You were given some good advice on the previous thread. 

I echo the advice others have given and that your father, unless you have POA, can write to the landlord at the address for the serving of notices given in the TA, stating he has moved out and will not be paying any more rent. Whilst the tenant cannot unilaterally end a fixed term agreement early unless there’s a break clause it will force the landlord into some kind of action. Either the landlord will agree to an early surrender or the landlord will eventually issue a Section 8 which your father won’t defend. 

The landlord is being extremely foolish keeping a property empty for 6 months especially over winter. The insurance for the property is most likely invalid now. 

doodling

Hi,

silvercar said:

The landlord has a duty to mitigate their losses. So give up the tenancy and tell the landlord to relet it.

In the past it was assumed that Reichman & Dunn v Beveridge & Guantlett would be applicable to residential lettings - has that assumption changed?

Of course, that certainly doesn't mean that stopping paying rent isn't the best practical route to terminating the tenancy.

Murphybear

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.

I totally agree.  There are a lot more prospective tenants than there are properties so finding new tenants will be easy.  

confusedfreelancer

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

This.

Given his age, can he give away assets and declare himself bankrupt?