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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My daughter has signed in advance a ast to a 1 bed flat with

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My daughter has signed in advance a ast to a 1 bed flat with her boyfriend this starts 1st August 2013, the boyfriend has now split from my daughter and she won't be able to afford the flat on her own, can she stop the ast and will she be liable for rent?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi,

Did she sign the tenancy jointly with her then boyfriend?

Has the landlord signed the tenancy agreement?

Tom
Customer: replied 1 year ago.
Yes
Customer: replied 1 year ago.
What more info do you require?
Expert:  Thomas replied 1 year ago.
Hi

Drafting your answer now. 5 mins.

Tom
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

If the landlord has executed the tenancy agreement and dated it then it is a binding contract. This means that she is bound to occupy the property and pay the rent from the date the tenancy term starts.

There is no get out apart from the obligation for the agent to consider a replacement tenant that your daughter is able to produce to them. Landlords are generally under a duty not to unreasonably refuse a suitable tenant and your focus now should be on finding one.

If the landlord has instructed an agent then you should ask them to look for a replacement tenant. However, as they have your daughter on the hook their motivation to actually do this, or do this in priority to the properties that they are looking to let will be low.

There is nothing stopping your daughter attempting to find a replacement tenant herself. You can then use www.gumtree.co.uk to find a tenant (private landlords frequently use this service.

If she is able to find a replacement tenant then they landlord must act reasonably in considering them to replace your daughter.

The only alternative is to offer the landlord a sum to surrender the tenancy. This is where both parties agree that the tenancy is terminated by mutual consent so that no party has any continuing obligations to the other. However, if your daughter does not have any money to offer them then she’s a bit stuck.

She needs to make the boyfriend aware that he is jointly and severally liable for the rent. Which means that the agent/landlord can and will sue either or both of them for the whole sum. If he has money then they will go after him. She needs to make this point to him forcefully and get him to engage in her efforts to get out of the situation.;

I am sorry that I could not have better news for you.


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Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6442
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Property Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for your time and answer, you have made it very clear,

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