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Tenancy takeover - legal advice needed

I left my current house (private landlord via an agency) due to severe bullying. I have sent over ten potential new tenants and they are refusing to agree to any.

How can I get out of this contract?
Original post by Ally310
I left my current house (private landlord via an agency) due to severe bullying. I have sent over ten potential new tenants and they are refusing to agree to any.

How can I get out of this contract?

Who is refusing to accept the new potentially tenants? The landlord or the agency? On what grounds are they refusing them?

What does the contract say with regards to you terminating the contract early? Does it say that you have the right to do so, but are responsible for finding a replacement tenant? Or are you just hoping that they'll accept the tenant swap, even though the contract doesn't specifically discuss that option.

If the contract specifically allows a tenant swap, I assume it says that you have to find the new tenant, but that the agency and/or landlord must agree to the new tenant taking over. Does it contain any text along the lines of, "Such agreement shall not be unreasonably withheld"? Or can they literally say "No" to every potential tenant without giving a valid reason?

As with all contracts, the devil is in the detail and in the exact wording of the contract.
Reply 2
The agency were happy for a tenancy swap and agreed to work together. The first initial massage they sent to the other tenants was “we need to work together to find a replacement that fits. If you don’t choose someone then the agency will allow anyone willing.”
This was five weeks ago.

I’ve just checked the contract and it’s states that it is a fixed term tenancy. This means you cannot end the tenancy early unless the landlord agrees expressly agrees with you.

The only thing about tenancy swap is;
Tenancy Agreement: If a new tenancy agreement has to be drawn up for any reason a charge of
£50 for drawing up a new tenancy agreement and other associated costs will be applicable. This
charge is per person(s) leaving the tenancy. The person(s) leaving the contract is responsible for
this charge in the first instance however if this payment has not been received this
responsibility/cost will be passed onto the other tenants/applicants remaining in the
contract/agreement.


Thank you so much
Reply 3
Forgot to add someone did pull out at the beginning in June as the contract started and a new tenant was added. We all had to sign again to agree the new tenant which is what the agency is saying now. Everyone needs to sign to agree. Although they are not even making contact with the potential new people.
Original post by Ally310
Forgot to add someone did pull out at the beginning in June as the contract started and a new tenant was added. We all had to sign again to agree the new tenant which is what the agency is saying now. Everyone needs to sign to agree. Although they are not even making contact with the potential new people.

Understood. Do you know why "they are refusing to agree to any" of the potential new tenants you send to them? Or are they just ignoring you?
Reply 5
I think they are just being awkward and making it hard for me.
Original post by DataVenia
Understood. Do you know why "they are refusing to agree to any" of the potential new tenants you send to them? Or are they just ignoring you?
Original post by Ally310
I think they are just being awkward and making it hard for me.

But do they give you a reason? If they give you a reason, you can challenge it (i.e. prove it to be false).

If they're not giving you reasons, I suggest you demand them. Ask them why a potential tenant isn't suitable. If they give you some waffle ("He/she didn't meet our target profile.") then ask that for specifics. You can challenge specifics and prove them to be false.

This, I suspect, is your best strategy - make them justify why they're rejecting people and then challenge those decisions.

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