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    • Thanks I just had a quick look.  Will study over the w/e My friend does have kids. But it's a really dysfunctional family.  They don't talk.   Many years ago he sold 2 property assets and gave them a lot of money (enough to buy homes w/o loans) .  They've done nothing for him in the last 2 decades. And he altered his will so his new partner gets everything; the kids nothing (more). The 1st form I glanced at - to be deputy - asks for family details.   If I give his kids details I suspect the authorities may say they should get the deputy job instead?  Then  they will steal the money and give nothing to his partner. I can get a copy of the medical assessment  - and get it translated.  If need be.   This has all happened very quickly.  He got sick. And that must have kick-started dementia.   He was fine to hold a detailed conversation 6months ago; now he cant
    • Hi I think the only way around this as he lacks capacity is someone is going to have to apply to be a deputies via the Courts as he has assets here in the UK and a UK Bank Account which will take time and there will possible be Court Fees to make the application. Also if the Lack of Capacity (Dementia) was diagnosed abroad the person applying for deputies will need that diagnosis and it will need to be translated legally for the UK Courts so possibly cost for this as well. Also for reference although you were assisting them before the lack of capacity and had authority to act on there behalf that no longer stands due to there diagnosis of Dementia therefore Lack of Capacity so you no longer have any authority legally to act on there behalf unless the below is actioned or someone has Power of Attorney for that individual (which was setup before the Lack of Capacity) Have a wee look at these links: https://www.gov.uk/become-deputy https://www.lawsociety.org.uk/topics/private-client/mental-capacity-international-aspects#:~:text=You might need to make,act within the foreign jurisdiction https://www.gov.uk/government/organisations/office-of-the-public-guardian I have got to ask with the Dementia diagnoses are you 100% sure the diagnosis states they Lack Capacity as not everyone that gets a Dementia diagnoses may lack capacity initially. Now the Office of the Public Guardian link above you could also consider giving them a call just to give them a brief on this situation and get there advice on what documents etc are needed for deputies to be appointed as the person with Lack of Capacity is abroad.
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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I want to leave my tenancy early - Causing SO many problems :(


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I rented a property, signing a 12 month agreement with my partner. The contract isn't due to end until September 2012.

However, my partner and I split up over a week ago and now neither of us are living at the property. We have amicably agreed to pay half of the rent and any outstanding utilities until the tenancy is up or the landlord finds a new tenant.

The landlord has since come back to me via email and advised we need to pay full rent, council tax and all utilities until the tenancy ends or another tenant is found. As well as this he is asking for a £195 plus vat fee to pay staff and advertising costs to find a new tenant - surely that is down to him.

I feel like I am been penalised and see no reason for why I should pay the fee, council tax or utilities... Just the rent.

Please help

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I'm afraid the LL is probably right. The LL will have had to pay fees in order to get you as tenants, so that is money that he has lost by you moving out earlier. You could perhaps argue that you should only pay half the costs as you've lived there for half the tenancy?

 

Also council tax and utility bills are still the responsibility of the tenant. It seems that you are asking LL to pay the costs of your personal problems. Why can't one of you live in the property for example? If you did that you'd be entitled to a 25% discount on the council tax. By leaving the property empty the council tax could be charged at the full rate (depends on the council).

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Thanks for your reply.

 

Surely if I pay the outstanding amount on my utilities and switch everything off in the property there should be nothing I have to pay?

 

Neither of us can afford to live their alone nor do we have anyone who would be able to move in for the remainder of the tenancy. With regards to council tax - no one is living in the property therefore, we should not have to pay it as we both now reside elsewhere.

 

It just seems to me that something's got give somewhere especially with the fees of £195 plus VAT to find a new tenant - this is what admin fees are for once tenants have been found.

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Utility payments can include standing charges, they will be lower but won't be zero. If you don't have a water meter then the charge is not affected by consumption. For council tax, that is between you and the council. As I say, some councils have a period of no or lower charge if the property is unoccupied. If it is empty of furniture as well then the chance of a period of zero charge is higher - call the council.

 

If you genuinely can't afford to live there then you may be entitled to housing benefit.

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T moves out ~7 months into 12 month fixed term - no break clause

Worst case - T remains liable for rent & property until Sep 12. LL under no obligation to mitigate loss by finding new T early.

Normal case - LL allows T to vacate T & liabilities when new T moves in, provided LL receives some compensation and T pays for new T advertising.

Best case (for outgoing T) - LL accepts Ts early surrender provided reasonable notice given by T. T ceases with mutually signed Deed of Surrender.

 

Utilities may still be required after departure to maintain essential services eg heating in winter, as they should be in Ts name T provides meter readings on departure and compares with final inspection readings, water rates are payable by tenant for duration of T (unless included in rent - see AST) Water loss due to broken pipes are resp of T for duration of T if metered.

C Tax is a moot point, LL/T should keep Council informed, but LLs point of view maybe that T is resp and could charge/sue T for any payments due until T legally ended.

If you can't afford to stay til end of fixed term, have you applied for HB for assistance?

You freely signed the LA and committed to rent etc for min fixed term!

Don't moan - negotiate. Most LLs are sympathetic to Ts genuine difficulties in current economy, as should Ts re LL.

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