Exiting a lease

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    Exiting a lease

    A friend of mine entered a fixed term, onerous lease with no break clause, but with a separate joint individual.

    The separate joint individual has mental healh issues and is currently under a serious police investigation.

    Everything was dealt with electronically and EPC, Gas Safety, EICR, documents were not sent prior to the lease being signed

    The property does not exist on Land Registry and as it fits within the London Mandory property registration it is an unregistered property. This was not made clear to my friend.

    I have tried to contact the landlord and the response is that the lease still stands and they are liable for 1 year or until they can find a new joint tenant.

    Surely the lease is null and void as to the breaches?

    Thanks for your help, but I suspect that I may need to engage a lawyer as it looks like the landlord will not back down

    #2
    Make them a reasonable offer.

    Comment


      #3
      Originally posted by robin lloyd View Post
      Surely the lease is null and void as to the breaches?
      It takes a great deal to make a contract, particularly a tenancy, void.
      Nothing you have outlined seems enough to void the agreement, particularly if it’s been running for more than a few days.

      So your friend will need to either negotiate a way out, find a lawyer who will get the landlord to back down or take the risk that the landlord won’t chance trying to enforce a dodgy agreement.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        I think I've written this before, but the tenant advice bodies and the Government (through the How to Rent guide) are seriously letting tenants down by not emphasising the dangers of entering a joint tenancy with someone you don't know. There is still not a single reference to joint tenancies in HtR and the only reference to shared property is a link to a Shelter page on HMOs.

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