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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6449
Experience:  BA (Hons), PgDip, Practising Solicitor
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My daughter having problems with landlord. 12 month tenancy

Resolved Question:

My daughter having problems with landlord.
12 month tenancy from end Dec last year with break clause.
Landlord contacted her in May to see if she was leaving early. Said yes.
Agent contacted daughter he had someone to view that day. Property advertised vacant from 12th July.
Daughter immediately started looking for another. Found one and moved in early June.
Tenant was found for the initial property and was moving in on 12th July.
Things then went very wrong.
Landlord fell out with one agent and used another.
Wanted new tenant to show her her bank statements even though she had undergone all the proper checks and come out ok through the agent.
Landlord rang new tenant and questioned her about when she was doing her packing and telling her not to pay my daughter for the furniture she was buying as she didn't know whether she was going to let her in.
Tenant finally decided she wasn't going to move in because of the landlord's attitude.
Second agent took landlord off their books and will no longer deal with her.
Daughter now being asked for the outstanding rent. She knows she is legally responsible but because of the trauma she has been caused by the landlord feels there is a moral issue here. This is only a very brief summary, there have been many texts, emails phone calls in the meantime. Advice please.
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. When did the break clause in the tenancy allow your daughter to terminate the tenancy from
2. Does the landlord dispute that she operated the break clause
Kind regards.
Tom
Customer: replied 3 years ago.

1. End June, 2 months notice to move out august.

2. No, I don't believe so

Expert:  Thomas replied 3 years ago.
Ok.
1. Was notice of her intention to use the break clause (ie. to terminate at the end of August) correctly given to the landlord (ie. in writing if require by the tenancy agreement)
2. What is the issue actually in dispute here if your daughter knows she must pay rent to the break date (ie. end august) and the landlord accepts this? Is it that you wish to see whether the contractual situation is affected by the landlord's questionable conduct?
Please do not click accept yet, info request intended only!
Tom
Customer: replied 3 years ago.

I understand from my daughter that she was contacted by the landlord and she relied by text saying yes, they would be moving out. The notice was given in writing to the Agent that they would be moving out.

She was contacted by the Agent the next day regarding viewings.

Yes, it is the landlords questionable conduct.

Expert:  Thomas replied 3 years ago.
Hi


Thanks for your reply.

If the notice to terminate the tenancy agreement has been correctly served/communicated to the landlord and agent then your daughter obviously needs to only pay the rent up to the point at which the break clauses ends the tenancy.

It is the landlord’s prerogative which agents to instruct and which tenants to let to. They can impose whatever criteria they see fit in determining whether to grant a new tenancy to a new tenant. He may have imposed what reasonable people would view as unreasonable criteria upon the proposed new tenant, but he is within his rights to do this if the tenancy to be granted is a new one and separate to the tenancy that your daughter occupied under.

Your daughter’s situation remains unaffected by the landlord’s conduct because their conduct does not amount to a repudiatory breach of contract which would entitle your daughter to terminate the tenancy any earlier than the contractual break date.

Obviously if your daughter has items in the property which are hers and which no new tenant is to pay her for then she is entitled to have these returned to her.

Sorry it could not be better news.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

I will answer your follow up questions you may have.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6449
Experience: BA (Hons), PgDip, Practising Solicitor
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