AI Legalese Decoder: Your Solution for Dealing with a Replacement Tenant Falling Through as a Landlord
- April 29, 2024
- Posted by: legaleseblogger
- Category: Related News
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Seeking Legal Advice on Student Accommodation Contract Issue
Hi all – I would greatly appreciate your advice on a situation I am currently facing with my student accommodation contract. Approximately five months into my 12-month contract, I approached the landlord to request permission to leave the property. The landlord informed me on Thursday that they had found a replacement tenant who was eager to move in by the following Saturday. However, in order for me to vacate the premises, I was required to settle any outstanding balance on my account. Without hesitation, I cleared the balance and moved out on the next day, Friday. As part of the moving out process, I completed a move out form, which contained fine print stating that signing the form did not signify the termination of the tenancy agreement.
On Saturday, the landlord reached out via email to inquire about my departure, to which I confirmed that I had indeed vacated the property. Shockingly, a month later, the landlord contacted me, revealing that the replacement tenant had fallen through and asserting that I remained liable per the terms of the contract.
The landlord’s stance is based on the language in the move out form and a clause in the tenancy agreement that stipulates, “Any decision made to release you from your Tenancy Agreement is made by us, at our sole discretion on a case by case basis.”
This turn of events appears to be unjust and unreasonable. I was given the green light to leave by the landlord, he was aware of my departure, and now I am being told to continue paying rent? This has left me feeling perplexed and seeking clarity on the legal standing in this matter.
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****** just grabbed a
It is a hard point to argue however if the landlord accepted the keys back to the property then you would have no material interest in the property as you had both agreed to end the tenancy from the date. Regardless of what was on the form, vocal agreement and texts also constitute a surrender of a tenancy.
If they had texted and said ‘you can end your tenancy on X day as a new tenant is moving in’ that is them agreeing to the end of the tenancy.
As it’s student accomodation I’m assuming it’s a house/flat share or HMO?
Is your room specified in your contract?
If not, was there an alternative room available you could have stayed in?
I would suggest that the contract requires him to provide you accommodation.
Agreeing to you moving out and not providing this accomodation would seem to void the contract.
In essence, what are you paying for…
I would say failing to provide the accomodation is a repudiatory breach of contract as it deprives you of the full benefit of the contract (accomodation).
This means you can treat the contract as voided.
If you are a university student, I would contact them for advice.
I would also want the university to be aware of the exploitative and unethical business practices of the landlord.
In the end, he can try and sue for breach of contract and it would be for a court to decide if the breach was repudiatory.
Just refuse. The same thing happened to my wife years ago. It even went to small claims court but the judge threw it out because the terms are unreasonable and the time frame is ridiculous. Maybe if the landlord had said something earlier, but to wait a month is not acceptable.
I’d definitely go by there and try to move back in, and see if anyone is living there. cos he prolly tryna double dip on you.
How can a landlord ask you to move out, and then make you responsible if the replacement tenant falls through?
If the ending of your tenancy was conditional on a new tenancy being successfully agreed, then the landlord is correct.
NAL. Normally you’d be responsible for the rent until you find a new tenant and that tenant has signed an agreement. In finding a new tenant the landlord has muddied the waters and made it a complicated situation, you couldn’t be expected to carry on looking for a replacement tenant when the landlord has found someone already and I’d say they’ve taken on that responsibility so it’s down to them now. Had the LL left it up to you, you might have found several potential replacements and had options when the first one fell through, the LL took that option away when they found their own replacement.
Did the LL offer you the keys back when they informed you that the new tenant had fallen through? If not, I would say they have breached the contract by failing to provide you with the agreed upon service (accommodation)
If you communicated via text and/or email, and you have proof of the landlord agreeing to you moving out by a specific date, then you are covered. A legal agreement is valid until the parties agree that it is no longer valid. Your landlords agreement for you to move out by Saturday is the agreement to end your contract.
The move.out form is a white.elephant, don’t argue about it, it evidences that you moved out, which is also evidenced by the fact that you moved out. It appears that you asked the landlord to end the tenancy and they agreed on the condition that they can find a replacement tenant, this is evidenced by the asking you to leave quickly to accommodate the replacement tenant.
It appears that the landlord is now trying to retrospectively apply a new condition on your agreement to end the tenancy, which is their replacement tenant needs to follow through with the agreement between the landlord and themselves. You were not made aware of this condition, and as you had no control over the selection of a new tenant it would be deemed an unreasonable condition anyhow.
Speak with the uni accommodation services, but if they don’t support you then hold firm. Presumably you have a new tenancy that you are now in.
You’ll be fine. Since the landlord agreed to you moving out (even gave you a date), you paid as required and returned your keys. They’ve no case. They simply wrote the terms like that to trap or try to claw back money from you. They agreed to the contract termination and you left the property. They’ll legally have a very difficult time winning this in court. Just let them know that they agreed to terminate the contract and the new tenant was their responsibility. Remind them that they told you when to leave, they did not provide accommodation for those periods you left making any contractual obligations void.
I would say personally that it is clear by the conduct of the parties that the tenancy was voluntarily surrendered by mutual agreement.
Others may disagree of course.
When writing to the LL to negotiate this situation, is it better to keep it short, or to lay out all my arguments in a long email?
I smell a scam check the room I bet somebody is in there
so you read and signed a contract that did not constitute an end of the tenancy agreement instead of getting the line removed, the LL has now asked you to pay your debts, so move back, get another tenant or pay your dues.
you’re all missing the point that OP has paid off their outstanding balance for their rent at the time they moved out. OP doesn’t owe the landlord anything as (from experience) they’d have paid to the end of their contract. landlord can’t now come asking for more money when the balance has already been paid.