How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6426
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Property Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

Dear Sirs, I have rented a flat for a straight 12 months tenancy

Resolved Question:

Dear Sirs,
I have rented a flat for a straight 12 months tenancy only to realise that I was very very unhappy living there for a number of reasons which may not have affected others but have made me psychologically ill and because of this I was forced to give notice. Which I did on the 4th month of the tenancy and vacated at the end of month 6. Now the landlord is trying to sue me for his losses and is demanding that i reimburse him up to the end of the tenancy which would mean for further 6 months, which would mean that he wasn't able to rent his flat for that period. Which is untrue as I have evidence that he hasn't been trying to rent it and has taken it off the market because he was trying to sell it.

I thought that only is the landlord has tried to relet it and can prove it that he can claim his losses from me.

Please advise what are my rights.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi,

What was the fixed term of the tenancy please?

Was there a break clause giving you the right to terminate the tenancy?

Did you give the required notice under the break clause to do this?

Kind regards

Tom
Customer: replied 1 year ago.

fixed term of 12 months and I gave notice on the 4th month that I will vacate at the end of the 6th month.

Expert:  Thomas replied 1 year ago.
Hi

Thanks, XXXXX XXXXX the tenancy agreement give you the express right to terminate the tenancy at this time?

Tom
Customer: replied 1 year ago.

no

Expert:  Thomas replied 1 year ago.
Drafting your answer now. 5 mins please.

Tom
Customer: replied 1 year ago.

ok

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

I am afraid that if the tenancy agreement does not contain a right to terminate the tenancy then you cannot terminate it in this way. There is no implied right to terminate a tenancy of this type.

The only way that you could terminate in this way is if the property was unfit for human habitation (which would also entitle you to terminate as it would be what is called a repudiatory breach of contract).

The landlord will either sue you for the remaining rent or he won’t. It’s up to you to assess whether you think him suing you is likely.

He would be successful in getting judgement against you. However, the landlord is under a duty to mitigate their losses. 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 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

If you cannot get a replacement tenant and the landlord has not made any efforts to get a replacement tenant then if the landlord sue you they would probably only get judgement on the amount of rent that they would have earned before the court considers that they should have been able to re-let the property. In all probability this would be up to about a month or perhaps six weeks. However the landlord would also be at liberty to add their court fee and costs to this.

If you think the landlord will sue you then I would focus on finding a replacement tenant.

If the landlord took a deposit from you but did not protect it in a tenancy deposit scheme then you would be able to sue them for the return of the deposit and a fine of three times the deposit amount (although it’s quite difficult to get the whole fine these days). You may investigate this and potentially use this as leverage in your dispute.

I am sorry that 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 1 year ago.

Tom thank you for this detailed reply, I have to add that the landlord's tenancy prohibited this option for me to find a replacement tenant. And after I moved out I know for a fact the agents were instructed that the property wasn't on for lettings anymore and it was being sold.


 


Which means that the landlord wasn't interested to relet the flat so not sure what this would mean for me.

Expert:  Thomas replied 1 year ago.
Hi,

It does not change the fact that you have breached the contract, which means that the landlord will still be able to use you.

If it is the case that the landlord is not agreeable to reletting the property then I woudl attempt to document this in correspondence with them and then attempt to use this as a defence in the event that the landlord attempts to sue you. You might not be abe to prevent them getting judgement against you but you may be able to limit the amount of money the landlord actually gets judgement on.

Please remember to rate my answer.

Kind regards,

Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6426
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Property Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    2289
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    2244
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    1198
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    809
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/AJ/ajlaj01/2012-5-9_14051_Profile1.64x64.jpg Alex J.'s Avatar

    Alex J.

    Law

    Satisfied Customers:

    400
    LPC, 2 Years Conveyancing
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    212
    Barrister 17 years experience