Agent didn't get our permission to surrender a tenancy - can they do this?

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    Agent didn't get our permission to surrender a tenancy - can they do this?

    We had a tenancy with two people and unbeknown to us, 'tenant 1' moved out. We were informed of this two months later in passing by the agent when we were communicating about another matter. There had already been a reasonable amount of damage to the property by the time the time 'tenant 1' moved out but none of this was settled up for as the agent did not tell us about it. Subsequently the other tenant has ended the tenancy and the damage runs into thousands. We have issued a joint claim against both these tenants, on the basis that the 'tenant 1' never gave written notice on the tenancy (ie they remain joint and severally liable for the damage).

    Now his solicitors are claiming that our agents agreed to 'tenant 1' moving out and surrendered the tenancy (see this page for a description of this as distinct from notice - http://england.shelter.org.uk/get_ad...hold_tenancies).

    My question is, is this surrender valid given that we never agreed it (or knew about it until it was too late). I know this depends on what is written in our contract with the tenants and our contract with the agent, but I'd welcome other peoples thoughts.

    Basically, we never agreed for the first tenant to move out and have been left with a whopping bill and I am trying to work out whether out legal claim is valid against the 'tenant 1' (obviously is it valid against the 'tenant 2' but they have disappeared without a trace) or against the agent - or both?

    #2
    What do the agents say?
    Have the solicitors shown you anything in writing from the agents to tenant1 accepting surrender on your behalf?
    My advice is not based on formal legal training but experience gained in 20+ years in the letting industry.

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      #3
      Did 'tenant 1' give notice to leave during the fixed term, or a subsequent statutory periodic tenancy?

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