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Jo C.
Jo C., Barrister
Category: UK Property Law
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Experience:  Over 5 years in practice.
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Dear sir I renewed tenancy agreement in July2013. I first

Resolved Question:

Dear sir
I renewed tenancy agreement in July2013. I first moved into the current property in July 2013 which was a 1 year contract with break clause in it. The landlord insisted that she would only renew if there is no break clause. As i have young children with nearby schools, i had no choice but to accept her terms. Now we are in process of buying a property. The landlord would not agree for me to leave early. I told her that i would pay the rent until the new tenant moves in and also all the estate agent costs. She insists that I have to occupy and pay rent.I am dont mind bearing the financial implications but i feel she is trying to control our personal lives. She would not answer my phone calls. my questions are
1. Can I move out of the property accepting the fact that i may be liable for the monthly rent?
2. what are my rights here? I feel that my rights have been effected.
3. Whom can i approach? do i need a solicitor? are there any government advice organisations?
Thank you
Submitted: 9 months ago.
Category: UK Property Law
Expert:  Jo C. replied 9 months ago.
Hi

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

1 You can move out certainly. Nobody can force you to live at this address. Unfortunately though if you are mid AST then you will be liable for the rent.

However, the landlord is under a duty to mitigate her loss by seeking another tenant and she won't forever to achieve that. You are only liable up until the point that she replaces you.

2 The issue here is really your liability. Your rights do not arise. You are locked in contract until July 2014 and if you leave and stop paying then you will be acting unlawfully. The question is to what extent are you liable.

3 You don't really need a solicitor. They won't change anything and there would be cost.

I suppose you could approach Shelter for advice.

Can I clarify anything for you?

Jo
Customer: replied 9 months ago.

many thanks. The landlord is saying that her home insurance states that the property needs to be occupied and that I cannot move out of the property. This is even I agree to pay the rent as property will be unoccupied which breaches her insurance policy. My questions are


 


1. If i move out of the property and agree to pay rent until the new tenant moves in, what action can she take against me? Can she take me to the court?


2. Is she required to make an attempt to find a tenant after I move?


3.Do i need to pay the rent for the remaining period on a monthly basis or in a single payment?


kiran


 


 

Expert:  Jo C. replied 9 months ago.
That is her problem not yours.

1 None at all. The AST binds you to pay the rent not to live there.

2 She needs to make an attempt and it needs to be meaningful. If she wants to claim against you she will have to prove that she has looked.

3 No, I suppose you could make one lump sum payment but monthly rent would be in your interests. If you pay up for the remaining year she has no incentive to seek another tenant.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 64136
Experience: Over 5 years in practice.
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