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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69365
Experience:  Over 5 years in practice.
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I'm in need legal advice in relation to my tenancy agreement

Customer Question

Hi,
I'm in need for some legal advice in relation to my tenancy agreement situation, as described below. I started a new tenancy agreement in March 2015 for 1 year through an agency. In November I informed them that I would like to move out of the property sooner.
The landlord agreed and the agency informed me that they will charge me a few to put the flat back on the market which agreed to and the fee was meant to be taken out together with the rent for the following month. A month later, the fee was not taken out of my account and when I enquired with the agency they said that the landlord decided not to market the flat, hence making it a lot harder for them to find me a replacement so that I will end up paying the remaining months myself. Now, I'm perfectly aware of my liability to pay the rent for the months stated in the contract if no replacement is found. However, I was led to believe the flat would be on the market only to find out a few weeks prior to my surrender date, t
Submitted: 11 months ago.
Category: UK Law
Expert:  Jo C. replied 11 months ago.

Are you asking if you are liable?

Customer: replied 11 months ago.
I know I'm liable. I'm asking how can I make the agency responsible for misleading me in the first place with regards ***** ***** the flat and then changing their mind? They sent me contradictory information in the last 6 weeks. And if I would have known that they had no intention to market the flat, I would've chosen to stay until the end of my contract.
Expert:  Jo C. replied 11 months ago.

The landlord is under a duty to mitigate his loss by seeking a replacement.

You can't make him liable per se though. What you do is argue that you should not be liable for the entire months remaining on the basis that he did not mitigate his loss. Usually a landlord is expected to find a replacement within one month or maybe two at the highest. They will not get away with just refusing to market the property and claiming from you.

Can I clarify anything for you?

Jo