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I have just read your answer regarding landlords mitigating their potential losses in a fiixed term tenancy agreement situation. I have a fixed term tenancy expiring 15 feb 2014. Because of family reasons I need to get a bigger place, so I have informed the landlady and the agents I will be vacating by the 15th September (i.e. the last rent payment will be the 15th August). This is a very competitive market in terms of rental. Can the landlady leave the property idle and then sue me? Shelter said yes - Thanks
Thank you for your response. My feeling was that, in a sense she woudl be unable to let 'damages' accrue for months and months and not mitigate in any way. Also, in the contract it does state 'the landlord will take all reaonable steps to mitgate any loss he [sic] may suffer as a result of any unlawful termination of this tenancy agreement"
I took that to mean mitigate elsewhere - not just in seeking damages from me, but shelter said not that means it can stay empty for the full term - she is entitles to do that, and then she can sue you for the rent.
Which is correct!
sorry I have replied but forgot to put this at the front - have you seen my further query? Shelter were clear about her not needing to mitigate as I'm in effect in the wrong by wanting early surrender
so finally, and yes thank you very much I am very happy because that makes sense - Shelter said, no that means the landlord will take steps to mitigate her loss against you actually. Not by seeking another tenant which she has absolutely no obligation to do.
Does this mean she can keep my 1.5month's deposit? even if she does get another tenant?
How often do landlords sure tenants in this sort of situation. she will have had 3 months notice.
Also wasnt there a case in 2005 that said that the landlord was not obliged to mitigate against losses in illegal surrender of tenancy, or was that just a commercial one.
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