Can I do anything about this tenancy? Legally?

[Perfectos]

My work is project based, I move around the country based on where the next project is located. It’s not ideal with young kids but money is tight and projects last a few years so works for now.

I landed a project, and in order to start registering for school etc, I signed a tenancy agreement due to start in Jan. However the day after signing in November, the company running the project announced bankruptcy. Future projects cancelled and those of us who weren’t employees don’t get any recompense.

ive managed to line up more work, in a different city.

however, because I found out the day after I signed, the landlord is not letting me out of the tenancy. I’ve tried everything - I’ve asked to re let, offering to cover all additional expenses. I’ve tried to say I’ll even pay an extra amount to the LL if they manage to relet at a lower rate. I haven’t spent a single day or night in the property. They have said I can’t find my own replacement tenant (lease says you can find replacements, but only subject to landlord approval), I think because other units in the building are also on the market. I don’t want the LL to lose out financially, I’m just asking for some flexibility.

on top of all of this, as it’s a flat, they are still apportioning water rates and electricity to me despite knowing I’m not in the flat (and won’t be).

im desperate and have tried to speak to the LL in good faith, but they’re refusing to engage at all. I just don’t know how I’m going to afford 6 months rent on a flat I’m not using (thankfully there is a 6 months break clause). My choices are live there for 6 months, avoid double rent but don’t have an income or live somewhere else, earn, but pay double rent.

im so stuck. I don’t think I have a leg to stand on legally, but thought I’d ask the MN hive mind in case anyone had any ideas.

Bumping

You might need to move this to the legal topic to get responses from people who know what they are talking about .

Well you could potentially just write them a letter returning the keys and say that you've attempted to be reasonable, give the landlord an amount of money towards the costs incurred and then walk away and cancel the standing order.
He'd then have to take you to court for the remainder of the rent. You can show that you were reasonable. That you covered the expenses (agent fees) and so it would be unlikely that you'd be in for the full whack of 6 months rent.
It doesn't sound like legally you're in a positon to do anything else.
I guess the alternative is finding another tenant and then if the landlord refuses then you then are in a super strong position as he had been unreasonable and no court would find against you as generally you have to mitigate losses and you'd essentially done that foe him

I am not a lawyer but I DO deal with Tenancy Agreements and it all depends on what the Contract says
The LL is under no obligation to release you early unless the contract allows for it and even then its usually subject to certain conditions
The changes from May 1st mean you can give 2 months notice at any time but that still takes you to the beginning of July

Ask a solicitor to look at the contract, it seems a bit unfair that you can't sublet it. I assume you can't work from home on your new contract or commute some days.

If she gets CCJ or needs a LL Reference in the future this could cause OP some difficulties though

I agree getting the contraact checked but all the ones I have seen (about 2-3 a month) don't allow sub letting

Honestly your LL is an idiot not to take some of your offers to mitigate any losses, given his behaviour some may well retaliates by then refusing to pay rent or move out given how hard it is to evict nowadays.

No wonder private LL’s have a bad reputation.

Hope you can find a loophole.

Very true. She'd have to offer enough so that basically the LL wouldn't bother as unlikely to get any more from taking her to court.
But I am not a lawyer so I dont know

I haven't seen your contract, and I'm not a lawyer. I'm a landlord though, and it's my understanding that if a tenant leaves before their term's up they're liable for the rent only till I get a new tenant in (or of course till the term's up if I haven't got one in). But it's up to me to get a new tenant in as soon as I can - if the tenant stops paying, I take them to court, and it turns out I've not even advertised the flat; they could decide my losses were largely my own fault.

So it's probably a good idea to hand your key back right away and tell the landlord - in writing - you expect them not to dilly-dally about finding a new tenant.

I wouldn't send the landlord any money I didn't already owe without getting an agreement out of them. They'd already have my deposit in any case.

contact shelter and speak to them - I was in a similar situation and they told me to just write to the landlord formally saying I wasn’t taking up the tenancy even thought I’d signed I hadn’t moved into the property and wasn’t going to. They can either accept that or take you to court. Shelter told
me as they haven’t lost out on anything as you’ve paid fees etc then they won’t get anywhere in court

Thank you, the lease only allows changes at the LLs discretion - I think the problem is that even if the agents found alternative tenants, the LL wants to offer them the other empty units in the building (it’s an old office/ industrial building converted into flats) so they don’t want to accept any alternative.

I would love to do this, but I’m worried I’ll ruin my credit/ references which might stop me renting in the future.

They are being very difficult. I’ve now paid Jan rent in advance, but they won’t even confirm receipt of the money (I’ve sent so many polite emails/ tried calling). They are not using the EA to collect rent. I’m worried about what I will do if I’m in the same position end of this month.

The landlord has no duty at all to mitigate losses. This is accepted case law and has been for decades. Op is responsible for the full rent for the duration.

Could you air bnb it? Probably a breach of the lease but who cares, what is he going to do- terminate the lease? If so brilliant.