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Can you kindly clarify what you mean when you say you have asked him to surrender your AST please? Do you mean you have asked to leave?
Has he asked you permission to show people around? Have they been inside?
Yes I asked to leave because I need to be in Irelane because my parents are both seriiously ill
He told me that he had a cash buyer then said that I needed to be in on saturday afternoons for block viewings between 1 and 3
About a dozen people showed up this saturday with an estate agent
Thanks. When does your tenancy's fixed period end?
15th October 2012. I offered to give him the entire deposit if we could mutually agree to end the tenancy. He refused then decided he wanted to sell
Thanks. Is there any break clause in the tenancy?
No, there is no break clause for either of us
Firstly in terms of the access, this is fairly straightforward. It perhaps goes without saying that he is able to show people around with your permission. However you are entitled to refuse to allow access. If he enters against your wishes he may be guilty inter alia of a breach of contract under common law, and an offence under both the Protection Against Eviction Act and the protection from Harassment Act (the latter if he repeatedly enters against your wishes).
You can also have removed or remove and store safely the for sale board.
3.32 We would object to a provision giving the landlord an excessive right to enter the rented property. Under any kind of lease or tenancy, a landlord is required by common law to allow his tenants ‘exclusive possession’ and ‘quiet enjoyment’ of the premises during the tenancy. In other words, tenants must be free from unwarranted intrusion by anyone, including the landlord. Landlords are unfairly disregarding that basic obligation if they reserve a right to enter the property without giving reasonable notice or getting the tenant’s consent, except for good reason.
Does all of that make sense?
Yes thank you it does
Thanks. As to your wishing to leave...
The position is that the starting point is that you have signed a fixed tenancy and subject as follows you cannot unilaterally leave during that period. However it is possible to escape early from the tenancy by asking the landlord to remarket the same. The landlord has a common law duty to mitigate his costs and as such must do his best to remarket the property. You would be liable for reasonable marketing costs notwithstanding the above associated with this together with any reasonabke agency fees. However your liability would end on the earlier of the end of your existing term or a new tenant being sourced to replace you.
I note you say he does not want to find a new tenant. This however is not an option open to the landlord. He cannot trap you in the property. If he does not want to find a new tenant or is slow to do so, he will be limited to demanding rent from you for no more than a period that would be reasonable to expect him to take to find a new tenant. Alternatively you could agree a fixed compensation proposal. The landlord cannot refuse to do anything at all or he will find that he is limited in the amount of continuing rent he can attempt to recover as above.
4 weeks is normally sufficient time to find a new tenant in a buoyant rentall market as we are presently experiencing and the landlord would likely be limited to roughly this period in terms of rent he can demand if you wish to leave early.
Is there anything else I can help you with?
This is news to me! I did offer to pay all costs for finding a new tenant but instead he decided to put the property up for sale and told me I'd be liable for the rent until it sold. Prior to this I asked him to accept my ex wife as a tenant but it took him 8 weeks to decide he didn't want her to replace me
She is the mother of our children who were already living with me at the property
That's nonsense and wishful thinking on his part. He has a common law obligation to mitigate his costs. If you have a willing tenant and he has declined for no reasonable reason, he will not be able to demand any rent from you whatsoever as he has failed to mitigate his costs.
If she is still willing to take over the tenancy, I suggest you email or write to him refering to your previous offer and reiterating that she is still willing to take over the tenancy with immediate effect. Advise him that you are not prepared to remain in the property any longer and you give him 4 weeks notice that you intend to move out at the end of a rent period (i.e. the day before rent is payable). Remind him of his common law duty to mitigate his losses and if he is unwilling to allow your ex to take over the tenancy you will pay no further rent and will defend any claim he makes for further rent on the basis of his breach of his comon law obligatinos in this respect. In addition adivse him that the sale board will be remove and stored safely and that you will not allow any further viewings.
Feel free to soften this in any way you wish but it is important you give him notice as above and to make it clear that you will not be paying further rent past this period/
Can I help with anything else?
That's great and exactly what I'll do. Thank you very much for your advice Joshua. I'm very grateful. That is all I need help with. Thank you again.
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Accepting now, with pleasure!
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