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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6039
Experience:  BA (Hons), PgDip, Practising Solicitor
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I have rent a house for a years tenancy. Now due to personal

Resolved Question:

I have rent a house for a year's tenancy. Now due to personal reason I want to leave UK. But there is now clause on the agreement showing the breach of the contract. I want to know in UK how to deal with such situation? Do we need to continue pay for the rent, gas, electricity, water, concounil tax even if we do not live in the property? Or is there some penalty we can pay to solve this problem?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. I will try to help with this.

Is this an AST?
Customer: replied 1 year ago.

sorry, what is AST?


 

Expert:  Jo C. replied 1 year ago.
An assured shorthold tenancy agreement?
Customer: replied 1 year ago.

YES

Expert:  Jo C. replied 1 year ago.

ASTs are quite hard to break and your circumstances would not be a ground.

If you leave then you will be acting in breach of contract and there is no way around that. In principle, you are liable for the remaining months due under the contract which would include bills.

However, in practice the landlord is under an obligation to mitigate his loss by seeking another tenant. Usually he is granted a period of one month to two months to achieve that. You are only liable for that period.

The practical reality is that he will probably just keep your deposit and take no further action.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
Customer: replied 1 year ago.

What if we just leave, will it be influencing our record in UKBA? For example, will we be forbidden to come back to UK forever?


And, we were the postgraduate students in UK last year. When we graduate from school we need to have our graduate certificate authorized by Our Embassy and then they will post relevant document back to our country. If we leave here directly, will UKBA refuse to pass our documents?

Expert:  Jo C. replied 1 year ago.
I'm not an immigration lawyer so I wouldn't know about that. In fairness, that wasn't in your original question.

I can't imagine it would be an issue but thats not my area.
Customer: replied 1 year ago.

Do you mean I need to pay for another 33 pounds to get the answer?


Can you please help me with this? I really need this answer/

Expert:  Thomas replied 1 year ago.
Hi,

What nationality are you?

What visa are you on at the moment?

What documents do the UKBA hold?

Tom
Customer: replied 1 year ago.
We are three Chinese people. One student visa for ACCA, the other two are applying for investment visa Tier 1. Right now they are doing the application in China. And they have not receive the result yet. We do not know what UKBA hold.
Expert:  Thomas replied 1 year ago.
Hi,

If you all have leave to remain which is yet to expire and you either leave the UK before expiry or apply for another visa before expiry then it will not affect you provided that you do not get sued.

If you are sued and receive county court judgements then these judgement could mean that you a refused visa applicatoin once you come to apply for them again. This is because the UKBA may view having county court judgements as not something to expect of a person of good character and may attempt to reject on thsi basis.

However, usually if one has one judgement for a relatively small debt then it can be argued around when you make a visa application provided that comprehensive mitigation is asserted and character references are provided.

Please ensure that you rate my colleague answer.

Kind regards,

Tom
Customer: replied 1 year ago.

I want to know the answer related to my previous question. Not just for visa problem. Right now one is holding valid student visa. The other two are in China applying for the investment visa. But now because of personal reason we do not want to live in UK and want to go back. Like I mentioned before we have rent a house here which remains for one year until this November. But now we do not want to rent it any more and do not want to pay for all the bills. Under such situation, if we just leave, will it be influencing our record in UKBA? For example, will we be forbidden to come back to UK forever?


 


And, we were the postgraduate students in UK last year. When we graduate from school we need to have our graduate certificate authorized by Our Embassy and then they will post relevant document back to our country. If we leave here directly, will UKBA refuse to pass our documents?

Expert:  Thomas replied 1 year ago.
You have not read my answer correctly.

If you leave the tenancy the landlord may sue you for the rent owing. If he sues you he will be sucessful and you will have county court judgement entered against your names.

The UKBA can reject future applicatoins because of these county court judgements where they consider that they determentally affect your good character.

If you only have one county court judgement then you may be able to appeal and be successful, but you would have to show mitigation (ie. a sympathetic explanation of why you abandoned the tenancy).

Ultimately, you signed a contract for the tenancy. You should honour that contract. If you do not then your future chances of getting leave to remain in the UK are reduced.

The UKBA should send any documents they have to you though.

Please rate my colleague answer. You have certainly had your original question answered.

Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6039
Experience: BA (Hons), PgDip, Practising Solicitor
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