Can Tenant Just Leave?

[vinny]

Hi Everyone,
Im new to this forum but I could do with advice. Many years ago I was asigned the lease on a shop (18yrs ago) several years after the business failed and I was desperate to keep the rental paid so a friend of mine took over the shop and paid the rent. We had no written agreement but at least the rent was being paid. The landlord was not happy about this when he found out but accepted the situation because he was getting his rent. My friend has now said that he has to leave because his business is loosing money and is leaving in a few weeks even though he has been there for over fourteen years, Im worried that the landlord is going to come to me for the next two years rent (it has two years left) becausee the lease is still asigned to me. I also do not know what to do with the keys when my friend leaves, If I accept them back from him does that make me responsible or should I refuse to take them and tell him he is responsible for the rent seeing he has been there so long? Help please. Ps I know ive been stupid.

[Editor]

You informally sub-let your tenancy and the landlord accepted rent directly from your sub tenant.
You probably had the chance to formally assign the lease to your sub tenant but you did not take it.
In my view you are still the tenant and the matter of accepting the keys is immaterial.
The landlord is likely to be looking to you for rent unless you can assign to another tenant.
I suggest you speak to a property solicitor - see:
http://www.landlordzone.co.uk/dir/solicitors-legal.htm

[vinny]

Thanks for reply
My tenant paid the rent direct to the landlord but the reciept was always made out to me. He has now given the keys to the landlord and the landlord says I have given up the lease. Neither me or the landlord wanted the hassle of reasigning the lease and besides my tenant was not at the time financially sound so the landlord was unlikely to allow the reasignment anyway.

[Editor]

Sounds like you have been fortunate in your choice of landlord here, as he is releasing you from the remaining two years.
It's always worthwhile to test the attitude of the landlord as many will do this rather than go through the hastle of trying to collect rent from a reluctant tenant.

[SteveP]

Although be warned, that may not be the end of the matter. You remain liable for any dilapidations and, given the length of the lease and the amount of time since you managed the shop, there is every possibility that you will be facing a bill for those.

The landlord does not have to make his dilapidations claim at once, indeed he has many years in which to do so. Consequently I'd say you have a choice of either bringing the matter up now to get the issue sorted and done with....or worry about a bill the size of which you don't know yet, landing on your doorstep at some later date.

[vinny]

Hi, Thanks for advice, my landlord seems to be dragging his feet now, but he hasnt mentioned any repairs. The building does need some repairs, I think. Do you think the sub-tennant is legally responsible to pay for them after all he has been there a long time or is it just down to me ? I cant really remember what we agreed (it was a long time ago) he seems to think it is my responsibilty but I cant really see myself agreeing to it, it just dont know. any suggestions many thanks Vinny.

[SteveP]

If you are the tenant, and it seems likely that you are, then you are responsible for any obligation the lease places upon you. If the lease says you are responsible for repairs, then the landlord can look for damages from you if the repairs are not done.

It is possible that you will have a claim against the person you allowed to use the property, but since nothing was ever put in writing your problem will be providing evidence of any liability.