landlord problems

  • Filter
  • Time
  • Show
Clear All
new posts

  • landlord problems

    is there any way of getting out of a fixed term contract shared betwen four people?
    Last edited by nic17; 25-11-2005, 11:17 AM.

  • #2
    Short answer: no, that is why it is a contract.

    Long answer: is there any break clauses etc on the contract? Exact wording?

    You can use assignment or subletting to get someone else to "take it over" for you.
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.


    • #3
      Rubbish answer Mr Shed!

      If you need to cut short your AST then:-
      1. The landlord must ACTIVELY look for another tenant.
      2. You must pay the rent until you are replaced.
      3. The new tenant will have to provide proper references if the landlord requires it.
      4. You will probably have to pay the landlord's reasonable costs, but............
      5. Only if you were advised of this before you took the tenancy; this is information to which you are entitled to know should your very situation arise, and you should have been told what the position is should you need to terminate early; why? - it's in the Unfair Terms in Consumer Contract Regulations guidelines.
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.


      • #4
        My partner and I moved into a rented property under two weeks ago. We paid the month’s rent and a security deposit. However after moving in, my partner and I split and we desperately want to move out, as neither of us can afford the property on our own. We signed a 12 month contract. Where do we stand in respect of moving out and our security deposit?

        PainSmith Solicitors say:

        You need the landlord’s consent. Otherwise you are jointly and severally liable to perform the contract to its expiry.

        Surrendering occupancy;

        PainSmith Solicitors say:

        This is a grey area because in practice most county courts expect the landlord to mitigate the loss, even though the claim for rent is not a claim for damages (and as such there is no legal basis upon which the landlord can be obligated to mitigate).


        • #5
          Originally posted by Paul_f
          Rubbish answer Mr Shed!
          Perhaps, but no detail in the question, such as actual clauses etc from the AST! Only so much you can do with a "how long is a piece of string" question.
          Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.


          Latest Activity


          • Tenant threatens legal action
            Hi all

            A former tenant of mine whom moved out without giving 4 weeks notice as per his contract is threatening legal action over a deposit which I did not protect in time and was returned to him in full once the admin error was realised (my farther usually deals with the paperwork)
            16-08-2017, 16:16 PM
          • Reply to Tenant threatens legal action
            Without wishing to sound rude, you don't sound at all competent to head this off without help.

            I'd recommend you instruct a good solicitor specialising in property to deal with this on your behalf.
            22-08-2017, 05:09 AM
          • evicting a tenant
            Hello there, I have been renting my property for the last 2 and a half years and have been doing so with a 6 month AST contract. At the end of the current contract (which I renewed last weekend) I wish to take the property back, I stated this to my tenant before the tenant signed the current contract...
            20-08-2017, 14:49 PM
          • Reply to evicting a tenant
            Get a new GSC arranged. A valid GSC is a requirement during any Tenancy..
            T does not have to vacate on expiry of Repo Notice, she could remain your T until legally evicted by Court Bailiffs after a further several weeks/months.
            For ~£50 (tax deductible), is it worth the risk?
            22-08-2017, 01:50 AM
          • Joint tenancy deposit responsibility
            Hi Guys,

            I was wondering if you could advise me on where I stand. I have a property which I have rented out for the last four years to a group and each time one person leaves then the original guys source a new person and just give the incoming deposit back to the outgoing person and I...
            20-08-2017, 11:41 AM
          • Reply to Joint tenancy deposit responsibility
            Sloppy LL'ing.

            When did original Tenancy commence with original Ts?
            Who, if anyone, still remains?
            Did you nominate a T to do your job ie return ind deposits, check new Ts for Right to Rent, conduct nec checks on new T?
            Give permission for him to sub-let?
            How do...
            22-08-2017, 01:10 AM
          • Reply to Joint tenancy deposit responsibility
            Sounds like the guy who contacted you was your tenant's lodger, doesn't it? Therefore it's up to tenant whether to return deposit or not. (Sounds like room was left in a bad state.)
            21-08-2017, 23:43 PM
          • Reply to evicting a tenant
            Thanks for the confirmation, so would this be ok to send to the tenant?

            I am thinking of using this template as it seems to be the best one available. I will send that and a letter stating that I will let them end there tenancy...
            21-08-2017, 22:41 PM
          • Reply to Tenant threatens legal action
            I suppose on a positive the fact you returned it BEFORE the tenancy ended is in your favour.

            No win no fee solicitors like straight forward cases.

            One of the first questions they ask are if there are any rent arrears or claims to damages. You may well ward them off with a ...
            21-08-2017, 22:27 PM
          • Reply to Joint tenancy deposit responsibility
            The short summary is that the situation you have created is the proverbial dog's breakfast.

            Who is your tenant? The fact that you cannot answer that question means that you are lining yourself up for massive problems.

            You have two basic types of tenancies - where you have every...
            21-08-2017, 22:22 PM