Early vacation of rented property due to terminal illness - Anything I can do?

[Dydie]

Just wondering if any of you could tell me where we stand with this one.

 

My elderly father has terminal cancer and wanted to move 250 miles to be closer to us, we initially tried to get him into a nursing home but found this difficult due to the homes needing to assess him first. The only option we had was to sign a tenancy agreement (in our name due to him being 250 miles away) with my father as the named tenant.

 

As expected he was unable to care for himself and within 4 weeks we were able to move him into a nursing home.

 

The tenancy was an assured shorthold taken out from the 1st June 2016 for 6 months.

 

We paid deposits (which I have never recieved a TDS reference for) and we paid the entire 6 months rent due up front as this was the only way we could secure the property quickly.

 

We kept the estate agents in the loop and they knew the situation from the outset, we had the property cleaned and handed the keys back into them on the 26th June.

 

I last contacted the estate agents on the 3rd August and have been told that the property is now under offer (as in being sold not rented again) but because the sale is not likely to complete within our tenancy period which ends 30th November we will not get any of our pre-paid rental money back.

 

They have also refused to give back our deposit money until the tenancy ends even though we no longer have access to the property and they were happy with it's condition when we gave the keys back.

 

Now on face value, I do know that technically we are liable for the 6 months rental but I'm hoping you may be able to direct me here as to what (if anything) I can do?

 

Many thanks in advance for any advice/help you can offer

Dydie

[martin2006]

Hi dydie, ive flagged the post for thise more experienced in this area, they will be along soon

Thankyou for your patience

[mariner51]

Dydie, are you saying you offered 'early surrender' which LL accepted?

Handing keys back does not nec indicate Legal termination of Tenancy, you may have handed keys over to LA so they could 'keep an eye on the property' to protect your interest whilst absent for >3 weeks.

You could sue for return of deposit in SCC, the Judge may take a different view.

Deposit should not be released until Tenancy is legally vacated.

Write to LL direct and explain your situation & LA's actions.

I do not doubt your veracity, but many Ts do concoct a story to get out of a binding AST early. Perhaps this is the LA's way of testing for this possibility, or he may have other (financial) considerations eg LL commission.

[Dydie]

Hi Mariner51

Yes it was an early surrender, all done properly and above board. The flat which was rented is one of these over 60's complexes (private not council run), the Agents (and the LL) knew the situation from the outset in terms of my father being terminally ill, they were aware that he probably wouldn't be there for the full term, in fact I have those conversations in writing via email, I also have communication via email regarding handing the property back to them, they said in advance that if Dad did leave early they would market the flat for rental and if let would refund any excess payment. They have obviously now changed plans and marketed for sale (now under offer).

Dydie

[Dydie]

Quick addition to the above ... I have just "googled" surrender of tenancy and just wanted to clarify what happened ... we did not specifically use that term, but I contacted the agents (in writing) to say as expected Dad needed to go into a nursing home and we would be vacating on the 26th June, and I asked if they could advise what I needed to do in terms of handing back keys etc. They responded and told me what to do with keys and that the LL would be visiting the property to carry out an inspection, due to running around like a headless chicken for the next few days I didn't get chance to drop the keys in (though they had their own set) and the agents then chased me a few days later asking for the keys to be dropped in as they were needed for viewings.

Could I argue that them chasing me to hand back keys constitutes acceptance of early surrender?

 

Just to add - we have never received a copy of the signed contracts, we went in to the agents and signed our part but they had not been signed by the LL so the agent said they would get signed and forward a copy (they never have)

Dydie

[mariner51]

It was 'an offer of early surrender' for which LL can decline consent, or accept on his terms. It appears the latter, he will accept your early surrender provided you remain resp for property until accep. new T found, (standard). Not sure how a sale would affect this as most private retirement homes are sold Leasehold.

Any question over deposit protection MAY provide you with a bargaining chip with LL, but at end of Lease (6 months) you are free of Property liabilities.

The adage here should have been 'Look before you leap'. Sorry

My mantra is always 'Negotiate'.

[legalistic]

Dydie, a way of getting some of the money back might be if there was an exchange of contracts (or better still completion) before 30 Nov. You have no contract with the buyer of the property. Also even if your father was not living in the flat it still ought to have been available for your use. You had paid for it after all. I would try to find out the progress of the sale without asking the estate agent !