Landlord abroad - how do I move out?

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    Landlord abroad - how do I move out?

    I've been renting from a private landlord for a few years now, however he moved abroad and told me at the time. He is now tending to a sickly relative.

    I am planning on moving soon - he has asked me to get a new tenant and handle the deposit money, while he deals with them over the phone to draw up a new contract.

    This is making me very nervous - getting people to view the place is no problem, but I've already run into difficulty explaining the situation.

    Is there any sensible way to do this? Surely I'm not the first person to be in a situation like this?

    #2
    It's better not to get involved- or else both L and T2 might have reasons to sue you. Why be L's unpaid Letting Agent?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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      #3
      Thanks Jeffrey.

      So what is the best way to get out of this then?

      Comment


        #4
        Originally posted by 1elle View Post
        So what is the best way to get out of this then?
        Simply write to L and decline his 'job offer'. Leave the premises when your letting ends.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          Originally posted by 1elle View Post
          So what is the best way to get out of this then?
          Just give the landlord your notice and move out as usual. If asked, say that you have been given legal advice that you are not to get involved with finding a new tenant etc.

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            #6
            The issue is that I misunderstood the tenancy agreement and thought I could leave, however have a few months to go on the contract.

            He said he would be fine with me leaving if I got him a new tenant. On this basis I paid a deposit for another place, now I fear it might not be so straightforward.

            Comment


              #7
              Given that you're asking to leave your contract early, it's reasonable for the L to ask you to find new T's IMO.

              I wouldn't be happy handling deposit money either, and Jeffrey is correct that you open yourself up to being sued if you mishandle the deposit.

              The situation should be that you find a T (i.e. arrange viewings, show them around try to "sell" the house as it were) but if they're interested they need to contact the L.

              If the L doesn't agree to this, you might be stuck until the end of the contract I'm afraid.

              Comment


                #8
                Basicily you signed up for a fixed term, which has not ended, but you want to move out early.
                I LL has said, if you find me another T, I will allow you to surrender the TA.
                You got 4 ways.

                1) Pay the rent until the end of the fixed term, whether you living there or not.
                2) Find a T yourself,
                3) Suggest to the LL, that you pay the costs for an agent, to find your replacement.
                4) Come to some agreement, ie. you pay him something to cancel the agreement.
                Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

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                  #9
                  Originally posted by GillsMan View Post
                  The situation should be that you find a T (i.e. arrange viewings, show them around try to "sell" the house as it were) but if they're interested they need to contact the L.

                  If the L doesn't agree to this, you might be stuck until the end of the contract I'm afraid.
                  Is it possible for my prospective landlord to sue me? I might have to explain to her that I can't move.

                  Comment


                    #10
                    Yes, if you breach your obligations. Once your tenancy's fixed term ends, you leave immediately and you're free.
                    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                    4. *- Contact info: click on my name (blue-highlight link).

                    Comment


                      #11
                      Originally posted by GillsMan View Post
                      I wouldn't be happy handling deposit money either, and Jeffrey is correct that you open yourself up to being sued if you mishandle the deposit.
                      When you say "mishandle the deposit" do you mean me handling the deposit might be at risk of being against security deposit rules? Or is it a risk of mishandling I'm facing? He has told me he's keen to have a 'clean transaction' take place and has said that he's open to talk with the new tenant to make sure that happens and everything's ok.

                      Thing is, he isn't abroad by choice and it would be out of character for the landlord to put me in a situation like that (I know that's not always the best thing to go on).
                      He's probably been my most professional landlord. When he lived in Uk, he did things, fixed and mended things whenever I've asked for them (even some that I didn't ask for) and was very attentive when anything property related happened. Now that he's not here (a situation that was forced on him), he has his private builders etc come around whenever I need them (this includes replacing a window). Other than wear and tear items, I haven't had to pay for anything.

                      Comment


                        #12
                        Originally posted by 1elle View Post
                        When you say "mishandle the deposit" do you mean me handling the deposit might be at risk of being against security deposit rules? Or is it a risk of mishandling I'm facing? He has told me he's keen to have a 'clean transaction' take place and has said that he's open to talk with the new tenant to make sure that happens and everything's ok.

                        Thing is, he isn't abroad by choice and it would be out of character for the landlord to put me in a situation like that (I know that's not always the best thing to go on).
                        He's probably been my most professional landlord. When he lived in Uk, he did things, fixed and mended things whenever I've asked for them (even some that I didn't ask for) and was very attentive when anything property related happened. Now that he's not here (a situation that was forced on him), he has his private builders etc come around whenever I need them (this includes replacing a window). Other than wear and tear items, I haven't had to pay for anything.
                        You should not have to pay for fair wear and tear, just damage.
                        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                          #13
                          Obviously I will need legal advice and go through the TA with a solicitor - what is the best way to go about this?

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