How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 64956
Experience:  Over 5 years in practice.
12826847
Type Your UK Property Law Question Here...
Jo C. is online now
A new question is answered every 9 seconds

Hi, I am a tenant and have been residing within the same property for nearly 7 years. Our

Resolved Question:

Hi, I am a tenant and have been residing within the same property for nearly 7 years. Our Current tenancy agreement was made for 3 years and expires in the end of February 2014.
Due to personal reasons we need to leave early and the landlord agreed this if she can find another tenant; and would be liable until the next Tennant takes on the property.
My concern and question is that she has out the rent up by 16% (�125pcm); and the estate agents she used have been nothing but useless. After 3 weeks they have yet advertised the property online or in the paper (I presume to save money).

Are we liable when then rent has been increased and no reasonable effort was made to find another tenant? We leave in 2 weeks and would not of committed to the new property should we of known the landlord would of made it so hard.

Many thanks
Submitted: 11 months ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Jo C. replied 11 months ago.
Hi

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Is this an assured shorthold tenancy agreement please?
Customer: replied 11 months ago.
Yes it is.
Customer: replied 11 months ago.

Hello?


 


Jo?

Expert:  Jo C. replied 11 months ago.
Unfortunately ASTs are very hard to escape. You pretty much have to show that the property is gutted by fire damage or flooding and so you cannot live in it.

However the landlord is under a duty to mitigate his loss by seeking a replacement tenant and he will not get forever to achieve that. Realistically, if a landlord is really trying, most properties can be let to another tenant comfortably within a month. You will only be liable up until the time that the landlord is able to replace you which will be nothing like the remaining months due under the contract.

Of course, there is a risk that the landlord will not be able to find a replacement. If so, the Court will ask him to prove that he has looked for a replacement. If he is able to do so to the Court's satisfaction then you would be liable for that period but that is very unlikely.

She will not get away with racking up the rent so that the property is not competitive or not properly advertising it in order to increase your liability.

You may have to go to court and argue it but that will be the outcome.

Can I clarify anything for you?

Jo
Customer: replied 11 months ago.

Thanks Jo,


 


Is there a way of resolving it without court - I am on the brink of bankruptcy personally (have been of work for a prolonged time following a spinal injury) - and having to cover cost of court fees would not be possible.


 


Thanks

Expert:  Jo C. replied 11 months ago.
Costs will not be onerous. This is a small claims court sum.

In terms of avoiding court though, the only way to guarantee that is to pay in full. If you do not then you are taking the risk that the landlord will sue.

Of course, they may not but there is a risk.

Customer: replied 11 months ago.

Can they take the rent owed from the deposit?


 


Say it took 4 weeks until the new tenant moved in - can she take 4 weeks rent from ny deposit - or must she return that in full when the house is left in an acceptable state (it is immaculate!)


 


thanks again

Expert:  Jo C. replied 11 months ago.
Yes, they can. Probably that will be their response. It may not cover the entirety of the claim though. If so, there is a risk of being sued.
Customer: replied 11 months ago.

The deposit was 2 months rent - Can she withhold it until a tenant is found then?


What if a tenant is found and their application is agreed - but then they pull out before paying the deposit/ first months rent etc? Is there a defined point in which I am no longer liable?

Expert:  Jo C. replied 11 months ago.
Yes, she could do that.

You are liable, I'm afraid, up until a new tenant moves in and takes over unless you can argue that the landlord isn't looking properly.
Customer: replied 11 months ago.

Sorry Jo !


 


Last question (I hope)


 


I cannot find anything on the tenancy agreement regarding my requirements around notice. Is this normal? It only has a line about the landlord ending it early.


 


 

Expert:  Jo C. replied 11 months ago.
Yes, thats normal.

The reason for that is that you cannot lawfully give notice as this is an AST and you are locked in until the end of the agreement.
Customer: replied 11 months ago.

I see.


 


Thank you for your advice - sadly I thought the same but was hoping for some legal standing before it goes as far as court!


 


Good night

Expert:  Jo C. replied 11 months ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.

Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 64956
Experience: Over 5 years in practice.
Jo C. and 4 other UK Property Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    2289
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    2244
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    1198
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    809
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/AJ/ajlaj01/2012-5-9_14051_Profile1.64x64.jpg Alex J.'s Avatar

    Alex J.

    Law

    Satisfied Customers:

    400
    LPC, 2 Years Conveyancing
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    212
    Barrister 17 years experience