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I am a chinese student,I rent a house with other 3 chinese

 
jomo1972's Avatar
  • Answered by:jomo1972
  • Barrister
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Customer Question

I am a chinese student,I rent a house with other 3 chinese students September last year.But there are many questions about this house.first,the credit of the house is very bad,second,many furnitures are broken.Third,the rent is very expensive,it is twice as much as the houses around ours house.
I paid 6 months rent,and the contract is 12 month.But I and another student want to leave this house now,and don't want to pay for the next 6 month.And leave the deposit to the landlord.I want to konw whether what I do is legal or illegal?

Submitted: 403 days and 9 hours ago.
Category: UK Property Law
Value: $30
Status: CLOSED
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Expert:  jomo1972 replied 403 days and 9 hours ago.

How far into the AST are you?

Customer replied 403 days and 9 hours ago.

I am in the house for 6 month now,I am in the UK

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Expert:  jomo1972 replied 403 days and 9 hours ago.

Yes, we are in the UK law section.

Is there a break clause in your contract? Probably at the 6 month point?

Customer replied 403 days and 9 hours ago.

yes,the contract is 12 month ,but I don't want to live in this house for that long

Customer replied 403 days and 9 hours ago.

If the tenant(s) wishes to leave the property prior to the expiry date of their tenancy agreement then it
is their responsibility to find a suitable replacement tenant(s) to fulfil the period remaining on their
tenancy agreement, and the Landlord must agree to this replacement tenant. Until such a time the
tenant(s) remains liable for the rent.

Above is from the contract,I break this clause.

Accepted Answer

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Expert:  jomo1972 replied 403 days and 9 hours ago.

Thats bad news I'm afraid.

This is an AST and you cannot leave for the reasons you mention lawfully.

ASTs are very hard to escape. I was hoping there was a six month break clause but there is none.

If you leave earlier than 12 months then he could sue you for the remaining months due under the contract but he won't do that. What he will do is keep your deposit and the law will allow him to do so.

If there are disrepair issues then you can complain to Environmental Health. If that fails then you could complain to the landlord and if he fails to act and the repairs are central then you can have the work done yourself and deduct the sums from rent. You would have to show the repairs were essential though and that you had given the landlord reasonable time.

Alternatively you can leave if you find a replacement in accordance with the contract.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to advise you truthfully.

Hope this helps. Please press ACCEPT and then I will answer your follow up questions for free. Your question will not close but I will thereafter provide related information at no extra cost.

Expert TypeBarrister
Category: UK Property Law
Pos. Feedback: 93.9 %
Accepts: 2084
Answered: 3/3/2012

Experience: Bar Exams, over 5 years in practice.

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