I would love for a solution this month but I think that's beyond possible now. the best I could hope for is a resolution by the new year, I will ring LL again once we have reached a decision. thanks for your help.
TandemJeremy - Member
nick - its only 3 months losses if the landlady cannot relet it in 5 months FFS taken the route I suggest. one months notice and forgo the deposit. So that is 2 months to find a tenant before any loses build up ( bar a few quid in admin perhaps)If you can't find a tenet in 2 months the flat is overpriced.
Irrelevant - tenants are still due to pay LL's losses as they signed up to the lease.
See enforcement of "Keep-open" clauses, recent COS case-law, for a simila scenario.
Al - the landlord has to attempt to mitigate the losses by getting new tenant. Yes the tenants have to make good any losses so you would be gambling but its a gamble that has good odds as you are giving the landlord 2 months to find new tenants
It would be unlikely there would be any significant losses
The landlord cannot just sit back an sue for the remainder of the tenancy, he has to endeavour to get a new tenant and prove he has tried.
TJIt would be unlikely there would be any significant losses
That may be the case (neither of us know the local market), but nquite different to my point and a bit of a change from your original position?
Indeed toys - but LL doesn't have to lower rent immediately to get a tenant in either.
Al - its exactly what I have said right from the beginning.
Who said the landlord has to lower rents?
Try to actually read and think about what is being said rather than finding imaginary picky points to attack on.
Who said the landlord has to lower rents?
If the rent is too high (your postulation) then she would be under a duty to lower it to mitigate her loss, then claim the difference, rather than sue for the full rent.
Al - its exactly what I have said right from the beginning.
Earlier...
TandemJeremy - Member
Teh loses would not be 2 k - they would be nil.
Al - please stop finding pedantic picky points to attack me.
Its clear what I have said and its consistent. You seem to find it necessary to continually attack me. I don't know why. Do you find me that threatening? Does it make you feel better?
Yawn..
The point is made, by the optimisits among us, that the OP could give notice, be as clear and upfront as poss, and help the LL to find new tenants and possibly not lose any or much dosh.
Pessimists would say she will not be able to find any tenants and you will end up paying the rent to cover most of the remaining tenancy..
You decide.
TJ in the past you have argued over much less and there are loads of threads where I could argue with you but don't.
If you engage with me then respond in this manner when I make perfectly valid points, well, up to you.
