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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70530
Experience:  Over 5 years in practice.
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Jo C, Thank you reply. The agency said that the landlord is

Customer Question

Jo C, Thank you for your reply. The agency said that the landlord is under no obligation to inform me of his choices and that I'll have to pay unless they find a replacement. However, they've done no viewings since I informed them of my decision to move out. When you say that they cannot get away, can you be a bit more specific? Also, do you have any comments with regards ***** ***** agency's behaviours in terms of sending me contradictory information via emails with regards ***** ***** the flat? I find them to be more unethical than the landlord, since if the landlord changed his mind they didn't rectify their initial statements and led me to believe that the flat will be marketed. Thank you.
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

Can you remind of the back ground to this?

Customer: replied 1 year ago.
This was my initial message but I was unable to continue the initial conversation.Hi,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, that no marketing was ever planned. As a result, I find myself in the unfortunate situation as having to pay for 2 flats at the same time. Are there's any legal actions I could take against the agency for providing me with misleading information leading to a financially difficult situation for myself.Any advice is much appreciated.Thank you,Alexandra
Expert:  Jo C. replied 1 year ago.

Ok. Whatever their view of this, the landlord does have a duty to mitigate his loss.

He doesn't have to tell you what he intends to do but if he wants you to pay for the remaining months then he has to show that he has tried to find a new tenant.

The contradictory information is not actionable per se but they can't claim from you if they have not mitigated their loss.

Can I clarify anything for you? You can respond on this post.


Customer: replied 1 year ago.
Thank you for your reply. Can I ask, what would qualify as "the landlord trying to find a new tenant"? If he does one viewing only, does that qualify as "efforts" or does it have to be a constant line of communication with potential tenants throughout these 2 months?
Thank you.