Other Tenant Moved out before 12 month period....HELP!

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  • Other Tenant Moved out before 12 month period....HELP!

    i have a friend who is in need of some advice, here is the situation:

    She and a friend moved into a 2 bedroom apartment last June (12 Month Contract)

    Both signed the agreement and both listed their own guarantoor's.

    her friend has just moved out without consolidation, saying that he 'just can't afford the rent anymore' and has just left.

    Since then the agents have said that they both need to pay the rent upto the full 12 months (4 months left) and they will most likely lose their bond, also paying for the advertising to look for new tenants .

    She herself has now arranged to move to another place by March 1st, and will end up having to pay 2 sets of rent (one for the new place and the other is the 4 months from the previous place), lose her bond and pay for their advertising. which basically is unaffordable.

    she is saying that she wouldn't have contemplated moving out if it wasn't for her friend just suddenly walking out, they would of kept to the 12 month agreement but he was the one who couldn't stick to it.

    so in a way its like he's just left her with a part of his problems.

    what kind of advice can you guys give with this situation?


  • #2
    She cant be charge for 2 months remaining rent and readvertising costs, its either or;

    - either 2 months remaining rent, to which there is then no loss to landlord

    - readvertising costs and rent until property is retenanted (if this is less than 2 months).


    • #3
      Does she know of anyone who would want to take over the remaining 4 months (and possibly stay on with her)?

      The landlord might be happy to assign the outgoing tenant's responsibilities to someone the existing tenant suggests, and if the incoming tenant is satisfactory, might even be prepared to let the tenancy run on.

      Existing tenant MIGHT have a case against outgoing tenant if any costs are incurred (such as unpaid portions of rent on the basis of unwritten contract between them) but couldn't swear to it. Any legal eagles care to comment on that point?


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