Contract on rented flat

[hihosilver]

If someone leaves a rented property, due to loss of employment, with two months of the contract still to run and with the knowledge of the owner and hands the keys back to the letting agency what is the obligation to continue paying the rent? The person concerned returned to the family home and is job hunting, has no income coming in and the family cannot support them. Can this person be sued? what is the normal action that would be taken.

[pink-kittens]

Why would you think you wouldn't have to pay the last 2 months rent? Or are you asking someone to tell you you don't have to 'by law'?

Did you give notice, which would probably be possible as you may have known you were being made unemployed? Did you just leave? What did the landlord say about outstanding monies owed?

[hihosilver]

Regular contact with landlord I have been told via email. He has been paid to date but if the person concerned has no income what happens then? They have advised landlord of situation and why they had to leave the flat and full contact has been kept. This person is now with us and being supported in other ways.

[pink-kittens]

Just because the person has no income does not mean they aren't liable to repay monies owed - put yourself in the landlords situation? Why should they lose out just because the tenant has no income? Why have they no income? Surely they must receive benefits? Why could they not claim housing beneift to enable them to pay the rent?

[Eve]

They are liable to pay the full rent due under the contract unless the Landlord agrees otherwise or there is a clause in the contract which provides for a rent get out, I seriously doubt it though as much as the Landlord could get out of paying their mortgage just because there is no rent coming in.

Was a deposit paid which, provided there is nothing the Landlord could keep it or any part for, could, with the Landlord's agreement, be put towards part of the rent.

The Landlord would be entitled to go after any outstanding monies in the courts and if there is a valid contract in place then I can't see them being unsuccessful.

Court action and the potential ramifications should be avoided if at all possible due to future credit rating problems and if they want to rent another flat at some point.

So it may be worth coming to some kind of repayment agreement for the amount owed, factoring in if the Landlord manages to get another tenant to take over the rent.

[bednobs]

agree witht he others - thats why it's called a "contract". When the person signed it they were agreeing to pay for X amount of rent for X amount of months. Just because they have no money dosent mean they dont still owe it. If the landlord gets another tennant in before the end of the 2 months, they might be lenient and only charge your friend for the period the flat was empty, but probably don't have to.
What would normally happen is that the landlord/letting agency would present the person will a bil for the outstanding rent and if it remained unpaid, take them to court and get a court order.

as said before, the person needs to look at thing from the other side - the landlord is probably out �1000 at least for 2 months rent - nw they also dont have any money, might not be ableto pay the mrtgage and get repossesed or made bankrupt, all because of this person not paying!

[hihosilver]

Thanks to all for the responses and points made which are very useful.