Tenant breaking lease

[sparky23]

This question is on behalf of a client of mine.

Having purchased one of the homes I am selling at work they advised their agent as currently they are renting. The lease was due to expire in November but they want to move into their new home at the end of June, the agent advised they would just get a new tenant in who would pick up the lease.

However they have since found out via someone else that the house has just been put on the market so where do they stand now if the house is not being offered for rent - are they liable to pay the lease until November if the house doesn't sell? Not very good that the agent didn't mention this to them when they were talking to him last week!

 

[marg4000]

If the house is being advertised as vacant possession then I would think no break lease penalty would apply.

Maybe a few undercover phone calls?
Marg

 

[Philip Thomas]

Contract ot Lease

Sparky

the agent advised they would just get a new tenant in who would pick up the lease

& the house is put on the market, then

If the lease is still current then the tenants may be in a compromised position. This would depend on what sort of agreement the tenants, the agent & the landlord came to when the decision was made by the tenants to move out. It also depends on the agreement the landlord made at the decision to sell. It also depends on what can be negotiated between all 3 parties if the lease is still in place.

Hopefully the tenants got something in writing before they moved out, otherwise they still have obligations under a contract to lease.

Philip

 

[ermen]

The agent has to take reasonable efforts to secure a new tenant in place - otherwise tenant doesn't have to pay damages (or this amount will be capped).

Technically, the tenant's lease ends as of the day stipulated on the end of tenancy letter. After that - he is not responsible for any rental payments per se - but only for losses that the landlord has incurred as a result of breaking the tenancy agreement.

 

[sparky23]

Happy ending - as the owner wants to offer vacant possession they are able to move into their new house before the end of June with no further obligations to paying rent at the rented property once they are out.