Student Housing Contract

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sunnyh | 21:11 Mon 23rd Jul 2007 | Law
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I signed a contract to move into a shared flat in July, but my plans changed and I now cannot move in. I informed my landlord of this immediately (end of May) but received little correspondence other than to ask me to find a replacement. I have found two replacements, neither of whom have however moved in yet. As I voided the contract before it's start date, does he have the right to legal action against me, as he is threatening to take such action.


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why havent your replacements moved in yet?
As far as i know, you cant just "void" a contract because your plans have changed --- what would be the point in having a contract. How would you have felt if it had been the other way round, and a day before you were to move in your landlord to be "voided" his side of the contract and said well thats ok cause my plans have changed? you would be holding him to his contract, just as he is doing to you. You dont say why the others havent moved in yet, but surely the best solution is just to find someone else to move in and pay the rent? Again, try reversing it ... what if he had said to you "ive got another flat you can have" and then just didnt present it to you, like you're not presenting the alternate tennants to him?
You are liable for rent until the LL finds a suitable replacement. You may also be liable for advertising costs etc.

It is the LL's responsibility not yours to find a new tenant, though if you did find someone suitable it may help you financially.

Not every person who views the flat will be suitable - which can come down to references, credit checks etc.

The LL is obliged however to mitigate your loses by making every effort to find a suitable replacement as soon as possible.

Ultimately though, you've signed a contract and therefore you are legally liable for what you have signed for.
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It's his threat of legal action that worries me. I've paid the deposit and summer retainer and therefore I don't owe him any money until september. But he's told me that his "solicitor has been informed, and action will be taken." I don't understand what legal action he is referring to, given that as you say my liability only extends until a suitable replacement has been found, which is very much in progress at the moment. I would point out that another house member has reneged upon their contract and decided not to move in, which I am being held responsible for as said other housemember cannot be found. By this I mean that the LL is expecting me to find two replacements, which I have attempted to do. However this seems unfair.

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