Hello, I'm not sure what you mean, it was an assured shorthold tenancy
Yes, thank you.That was what I wanted to know.
What anunsympathetic lot they are
How much is themonthly rent?
When did you leave?
Is the propertyoccupied now or not by another tenant?
Are they trying toget another tenant?
How much depositdid you pay?
I am online and off-lineeach day. So please bear with me if I do not get back to you withinnanoseconds.
Thanks, XXXXX XXXXX friendly sympathy goes a long way.
The rent was £1538.33 per month
They say they have not found another tenant, hence my responsibility to keep paying, although I have not paid after May 7, having paid £2000 for Early Termination. It feels like an Orwellian situation, having paid to terminate but still being held responsible for the rent. They want to keep the deposit in lieu of this "rent due".
Thank you. Iobviously cannot deal with the emotional bits or their complete and utter lackof sympathy. I can give you the legalities.
Legally, you haveto pay the rent until the end of the term, or until they get another tenant.They are under a duty to attempt to get another tenant, and in this respect, ifyou continue to pay the rent, there are attempts are probably going to behalf-hearted. I would therefore be reluctant to pay anything else unless theyissue proceedings or you get a letter from a solicitor.
If they accepted £2000per month for early termination, they would only do that if they had anothertenant who was likely to going which means that they would have made a bit of awindfall of £500 over and above the normal monthly rent.
At this stage intime, I would see a solicitor and get a solicitor to write to the landlordtelling them that, there was an agreement whereby they took £2000 (which waspaid) in order to terminate the tenancy and therefore you are no longerindebted to them.
If there was aclause in the agreement, saying that you are responsible for the rent untilanother tenant is found or until the end of the term, it begs the question asto what the £2000 was for.
The solicitor canalso ask them what attempts they have made to get another tenant in because, asI said, they are under a duty to mitigate their loss and to try to get anothertenant.
At this stage, theyare due rent in respect of May and June and July (you say that you paid untilthe beginning of May).
That would be£4500, taking away the £2000 you paid already, and ignoring what it was forallegedly, and taking away the deposit, they are virtually paid up to date.
As I said earlier,you have actually not got a defence to the payment of the rent, but what youcan do is allege you vacated the property at the end of April and they have noteven been trying to get a tenant and therefore they are responsible for theirown losses and if this proceeds to court, you were raised that in defence.
I wish there was adefinitive answer to this but I am afraid that there is not.
What you are goingto have to do is bluff this one out a little.
I wish I could bethe bearer of better news, but least you have some ideas. I appreciate that itis not the answer you wanted but there is no point in me misleading you. I havea duty to advise you truthfully and honestly, even if that answer isunfavourable.
Doesthat answer the question? Can I help further? Can I answer any specific points?
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I hadthought about this in the early hours of this morning.
Someagreements come to an end the death of the tenant. It usually only applies toleaseholders would I have seen it in assured short hold tenancies.
Thereason is that sell the landlord is not having to chase the executor of thedeceased's estate for rent from an empty property.
It mayor may not be in your tenancy agreement, but do check in fine detail. If itsays that the tenancy comes to an end on the death of the tenant. I think itunlikely that you could argue that it's come to an end if you are both named,but it is an argument. You could use with the landlord now, even if, if thismatter ended in court, the argument may fail.
It wouldbe an argument more forcefully put by a solicitor and in that respect, doconsider getting a solicitor to look at the agreement and perhaps write aletter to the landlord
Thank you very much for your extra effort. As I have returned to France, where I am now living, it just may be too much effort and money to continue to fight this, as the outcome doesn't sound too optimistic.
best regards and thanks
Glad to help even so.
On the other side of the coin, it isn't practical for the landlord to sue you in France!
I wouldn't pay anything else until court proceedings land on my doormat in all probability
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