I'm writing as a tenant in a somewhat complicated situation:
1) Joint tenancy, ended a month ago by implied surrender before the fixed-term
2) No break clause, therefore had to find replacement tenants who pay less rent
3) Never signed any deed of surrender etc but everything was approved by agency and landlord and I handed the keys over to the new tenants myself
4) In our tenancy agreement we had agreed to paying the difference in rent until the end of fixed-term should the new tenancy be for a lesser rent
5) Agency/landlord are now refusing to return our deposit unless we pay that difference in rent
6) My co-tenant had vacated the property months before the end and was not planning to come back - it is however unclear whether agency/landlord are aware of this
7) His tenancy was supposed to be taken over by someone else but the landlord never approved the partial change of occupancy, even though agency had completed all referencing checks
8) I had a change of mind and decided to end the tenancy altogether - I informed him of this but not of the fact that the new tenants would be paying less
9) Agency/landlord never asked for his approval which would imply that the surrender was not effective
My questions:
1) Did co-tenant have a right to have a say in the surrender?
2) If yes, is the surrender therefore not effective?
3) If not effective, can our tenancy be reinstated even though the property has been re-let?
4) If this is not possible, can we still be charged for the difference in rent even though the surrender was not effective?
Note that co-tenant and I are not on good terms because of this whole situation.
1) Joint tenancy, ended a month ago by implied surrender before the fixed-term
2) No break clause, therefore had to find replacement tenants who pay less rent
3) Never signed any deed of surrender etc but everything was approved by agency and landlord and I handed the keys over to the new tenants myself
4) In our tenancy agreement we had agreed to paying the difference in rent until the end of fixed-term should the new tenancy be for a lesser rent
5) Agency/landlord are now refusing to return our deposit unless we pay that difference in rent
6) My co-tenant had vacated the property months before the end and was not planning to come back - it is however unclear whether agency/landlord are aware of this
7) His tenancy was supposed to be taken over by someone else but the landlord never approved the partial change of occupancy, even though agency had completed all referencing checks
8) I had a change of mind and decided to end the tenancy altogether - I informed him of this but not of the fact that the new tenants would be paying less
9) Agency/landlord never asked for his approval which would imply that the surrender was not effective
My questions:
1) Did co-tenant have a right to have a say in the surrender?
2) If yes, is the surrender therefore not effective?
3) If not effective, can our tenancy be reinstated even though the property has been re-let?
4) If this is not possible, can we still be charged for the difference in rent even though the surrender was not effective?
Note that co-tenant and I are not on good terms because of this whole situation.
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