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Jo C.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 68192
Experience:  Over 5 years in practice.
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How can a tenant Cancel a tenancy agreement early

Resolved Question:

How can a tenant Cancel a tenancy agreement early
Submitted: 2 years ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Jo C. replied 2 years ago.

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

-Could you explain your situation a little more?

Customer: replied 2 years ago.
We have a 12 month term and living in the flat for 4 months now. We'd like to move out before to the summer to another house with a garden.. According to contract we cant move out until dec 30. Before i'll discuss with landlord i want to know my options. Thanks
Expert:  Jo C. replied 2 years ago.
is this contract entitled assured shorthold tenancy agreement?

If so, is there a break clause at the 6th month point?
Customer: replied 2 years ago.
Yes, assured shorthold tenancy agreement, cant see anything about a break clause
Customer: replied 2 years ago.
There actually is a break clause but seems only valid when my employer rellocates me or if i decide to leave/am sacked
Expert:  Jo C. replied 2 years ago.
What does the break clause actually say?

Can you give me the exact wording?
Customer: replied 2 years ago.
Business break clause
The tenant shall be entitled to determine the tenancy hereby created in the event that he shall be relocated by // to a location more than twent-five (25) miles from the demised premises or leaves the employ of // by giving the landlord or his agent at least two months prior written notice of his intention so to do such notice to be delivered by hand or first class post and shall not expire before 30 june 2013 on the expiration of such notice this tenancy shall absolutely cease and dtermine but without prejudice to any antecedent claim or demand by either party in respect of any breach of any of the covenants agreements or obligations hereunder and the tenant shall not notwithstanding any provisions hereinbefore contained pay all rent and other payments due under this lease up to the date of such termination and the tenant shall deliver up to the landlord the demised premises with vacant possession
Expert:  Jo C. replied 2 years ago.

I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

That is bad news I'm afraid. I had been hoping that there was an active break clause that you could use at 6 months point. There does seem to be a break clause but unfortunately only for reallocation.

It is very difficult to break an AST. You pretty much have to show that the property is uninhabitable which does not seem to be your complaints.

Unfortunately a change of circumstances would not allow you lawfully to leave an AST.

For that reason, unless you get the landlord to agree to release you, if you give notice now then you will be acting unlawfully.

However, even where attendance leaves unlawfully the landlord is still under an obligation to mitigate his loss by seeking another tenant and he does not get for ever to achieve that. Usually landlords are granted a period of one, maybe 2, months to find a new tenant before the court will say that they have not properly mitigated.

You are only liable until the landlord finds another tenant to replace you or the court says there was insufficient mitigation.

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.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 68192
Experience: Over 5 years in practice.
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