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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I have an Assured Tenancy agreement for a fixed term of 14

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I have an Assured Tenancy agreement for a fixed term of 14 Months. I need to leave the property after 6 months, can I do this?
Hi,

Is there a break clause entitling you to do this?

Is the property fit for human habitation?

Why do you wish to do this?

Tom
Customer: replied 3 years ago.

I can see no break clause, however I specified that whilst taking on the agreement I would be looking to buy a property, and naturally thought that an AST had a 6 month break/ agreement phase. It appears not to have one.


I am close to buying a property( exchanging contracts) and this has only just been realised.


 


The house is fine.


 


 

Hi

Thanks for your patience.


I'm afraid you will be bound by the full term of the tenancy agreement unless there is a break clause in it entitling you terminate at a certain point during the term or the property is unfit for human habitation (which would also entitle you to terminate as it would be what is called a repudiatory breach of contract).

Therefore, you cannot unilaterally terminate the tenancy if there is no break clause. Assured shorthold tenancies must be a minimum 6 months, but there is no break option implied by statute/

If you still wish to get out of the tenancy then landlords are generally under a duty not to unreasonably refuse a suitable tenant and your focus now should be on finding one. If the landlord acted through agents then you should explain your situation to them and press them (and continue to press them) to find you a replacement tenant. If the landlord acted on his own then you should speak to him to check that he would be amenable to your finding a replacement tenant.

You can then use www.gumtree.co.uk to find a tenant (private landlords frequently use this service.

Were you to simply give back the keys then they would sue you for the rent remaining under the tenancy, their costs (which they would attempt to inflate, interest and legal expenses. In respect of the rent they would likely get judgement on the rent you would have paid for the period that it takes them to re-let the property or probably around two-3 months, so it’s worth avoiding.

The fact that you are buying a property is immaterial unless there is something in the tenancy about it unfortunately.

Sorry I could not have better news for you. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 3 years ago.

One last thing. My name is XXXXX XXXXX on the contract, does this provide me with a loophole?


 


 

Hi,

No, it's a minor clerical error. You have occupied the property and paid the rent therefore you have identified yourself as being the person who signed the tenancy.

Please rate my answer.

Tom
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