sophiebabe
20-01-2006, 15:02
Hello there,
I have to find someone to replace me in my current accomodation before I can back out of the existing contract. Now I have found someone, who is quite "landlord-suitable" (working, able to pay rent regularly etc.). However, I am a bit worried that the landlord would decline the person. Would that mean that I still have to pay the rent or lose my deposit? At least I have found s.o. to replace me, or not?
Thanks a lot for help,
Regards,
sophie
I had to do somthing like this many years ago when I was renting from a private landlord, At the time I needed somwhere quick and rented a furnished house in lower walkley. It was a hole to be honest and when I was offerd a tennancy with a housing assosiation with much better rent I jumped at the chance.. Landlord was less than happy but said if I could help find replacement tennants I would not lose my bond.. needless to say even though he got new tennants I never saw my bond again he kept it for the 'buggeration factor' as he called it..
I still seethe when I go past his little shop although it's empty now, he's probably retired early on poor unfortunate's bond money grrr
sophiebabe
20-01-2006, 15:20
hmpff,
that doesn't sound very promising.... :( sorry for you, honey...
any different experiences?
The landlord can refuse a tenant if they wish, but as your friend seems like a good prospect, the landlord would only be cutting his nose off to spite his face.
Kirstatch
20-01-2006, 16:32
Hi,
Legally a landlord can refuse the new tenant, but only on "reasonable" grounds, e.g. bad references, and related grounds.
A failure to agree to the new tenant on "unreasonable" grounds could arguably have legal consequences for the landlord in certain circumstances.
I would suggest in this situation everything seems fine and your landlord should have no reason to reject your replacement tenant.
I would also suggest that both you and the landlord keep on amicable terms as this will be the most effective way of resolving any potential dispute.
Hope this helps,
I would think it very unlikely that the landlord would refuse a suitable tenant. There is always a risk that an unhappy tenant could 'skip' anyway which causes a lot of bother so I'm sure most landlords would be ok about replacing tenants when necessary.
Originally posted by honeyplanet
Landlord was less than happy but said if I could help find replacement tennants I would not lose my bond.. needless to say even though he got new tennants I never saw my bond again he kept it for the 'buggeration factor' as he called it.. [/B]
If he does not have a good reason for this in writing then this is illegal if he has taken another tenant. A solicitors letter or a letter from the tenant threatening county court action usually does the trick.
Hi there
I think the LL would be silly to refuse a suitable tenant. You are liable for rent during the fixed term that is unless clause in your tenancy saying that at any point you and LL can mutually agree to end contract (or something like!).
IF the LL decided to take you to court for the loss of rent during your fixed term he would need to prove he had tried to mitigate his losses eg show that he had tried to find suitable tenants and courlnt get anyone. This would be very difficult for him to argue if you have found someone and he has turned them down! Of course it is the judges decision at the end of the day!
Regarding your deposit, your LL shouldnt take this back just because you have decided to leave, he can only make reasonable deductions from your deposit, thsi could be rent arrears but of course you woudlnt have any if ou have found someone to take over.
Useful tip upon leaving take pics of property incase the LL decided to keep some of your deposit due to state of property, this can then be used if you decide to take him to small claims court to reccover your deposit.
Hope this makses sense! Good luck
Loops
sophiebabe
25-01-2006, 19:40
Hya,
thanks a lot for all your help...Unfortunately my successor has disappeared...:rant: and the landlord is more than unhappy...not on friendly terms any longer... :(
anyway, thanks a lot
Sorry to hear that sophie, hope you manage to sort things out without getting stung from the landlord..