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If I have a one year tenancy agreement (no break clause)then am I likley to be liable

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If I have a one year tenancy agreement (no break clause) then am I likley to be liable for the full amount if for reasons beyond my control I have to leave early? Say after 6 months. Would the answer be different if it is a two year lease with a 12 month break clause? I ask as I am considering signing such an agreement but have guaranteed work only for 6 months - I also would like the flexibility if the flat does not work out to leave.  Essentially, although I would forfeit my deposit if the landlord could get a new tenant in easily how likely is he to pursue for the whole amount?<br /><br />Many thanks
Submitted: 3 years ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Thanks for your question.


The postilion is that if you were to simply leave the flat and not stop paying rent then the landlord would sue you for the rent outstanding until 1) a break clause or 2) the end of the term. He would probably get judgement at Court on the amount you would have paid in rent up to the point at which the property is relet or the point at which the property could have been relet as decided by the Court.

 

This is obviously open to market demand but if there was no break clause you would be looking at two to three months, possibly more depending on the rental market where you are.

 

The alternative if you anticipate that you are to leave earlier than a break clause or the fixed term is to find a replacement tenant yourself. The landlord is under a duty not to refuse a reasonable replacement tenant that you can produce to him to take over the responsibilities of the tenancy agreement. If he does unreasonably refuse you can simply terminate the tenancy and leave.

 

Also, if you are to leave and cannot find a replacement tenant immediately or do not have the time then you can take the landlord's thoughts on a surrender of tenancy. This would be in writing signed by you both, with each retaining a copy stating that the tenancy has been surrendered and you acknowledge the cessation of each other's mutual responsibilities under it. He would likely require some money for this.

 

You should attempt to negotiate an open ended break clause in the tenancy operable by you only after the time at which your work is not guaranteed. If they resist, say, one months notice offer them two and see how you get on.


If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.


Kind regards,

 

Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6298
Experience: BA (Hons), PgDip, Practising Solicitor
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