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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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If you sign a six month tenancy agreement and realize you dont

Resolved Question:

If you sign a six month tenancy agreement and realize you don't want to live in that property almost immediately how can you get out of the agreement?
Submitted: 1 year ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi

Has the landlord also executed the tenancy agreement?

Tom
Customer: replied 1 year ago.

Does that mean has she signed it? My daughter signed the contract on the 28th September. I presume the property owner has signed but don't know. We would have to ask the property agent?

Expert:  Thomas replied 1 year ago.
Hi

Okay

Is the property suitable for human habitation?

What is the specific reason for why you do not wish to move I

Tom
Customer: replied 1 year ago.

I would have to say that the property is fit for human habitation. My daughter signed up for this but now hates the house as it is dirty, very shabby and draughty. The heating is uncontrollable and is very expensive - she has been quoted £120 per month. It is a 2 bedroom house and she is on her own. She has moved in her furniture but has not spent a night there.

Customer: replied 1 year ago.

I should have added that the garden is strewn with rubbish and we had to spend a whole day cleaning the house.

Expert:  Thomas replied 1 year ago.
Hi,

You should first check to see if the landlord has executed the tenancy agreement yet. If they have not then you should inform them that the matter is still subject to contract and that you wish to withdraw immediately.

If the landlord has already executed the tenancy agreement then it will be binding upon you. If they have let your daughter move her things in already then I would have expected that that would only do this once the landlord has executed the tenancy agreement.

Where there is a legally binding tenancy agreement of this type you can generally only get out of it if the property is not fit for human habitation. If a reasonable person would consider it uninhabitable then you would be able to terminate the tenancy aon the basis of this being a repudiatory breach of contract, which is a breach so serious that it goes to the root of the contract so as to deny you the whole benefit of the contract.

Frankly, it does not sound as if you have reached that standard of uninhabitability. Therefore, if you attempted to terminate on this basis then they would sucessfully sue you.

This leaves you the only option of attempting to find a replacement tenant to take over the term of the tenancy agreement. Do NOT rely on the agents to do this for you. They act for the landlord. They do NOT act for you, however they may represent themselves.

If you are able to produce a replacement tenant to the landlord then they are under a duty to mitigate their loss and accept them. If they do not then you can terminate and argue that they have not mitigated their losses.

Sorry it could not be better news.

If this is useful please kindly rate my answer as okay service of above. If you do not then I do not receive any credit for the time I have taken to answer your questions.

Kind regards


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6660
Experience: BA (Hons), PgDip, Practising Solicitor
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