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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 19413
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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HIi! I was burgled and at the time of signing the tenancy

Resolved Question:

HIi!

I was burgled and at the time of signing the tenancy agreement I wasn't told that the property was burgled before. I am on a fixed contract for one year and have already pre-paid rent for 6 months. Now I want to end the contract but I don't have a breaking clause and my landlord doesn't agree to surrender. I have already move out and have sighed another tenancy agreement. The old landlord wants me to pay the rent for the rest of the contract time. Is there any way I can avoid it?

Thank you
Alena
Submitted: 7 months ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Stuart J replied 7 months ago.
Thank you for the question. It is my pleasure to help you with this today. Please bear with me if I ask for more information.

Did you ask the question about being burgled before you moved in?
Thanks
Customer: replied 7 months ago.

No I didn't. The thought didn't cross my mind, unfortunately.

Expert:  Stuart J replied 7 months ago.
In just the same way that caveat emptor applies when you buy a property, (buyer beware) and the seller does not have to disclose anything about a property unless specifically asked, then, in this case, the landlord is not under any duty to disclose anything about the property unless you specifically ask, although he must not misrepresent the property.
And the thought would not cross my mind either and it is not a standard enquiry on any purchase either, although I accept that you are renting the property.
However, the effect is unfortunately that it does not entitle you to leave the property early because of that was the case, once a property had been burgled. It would mean that it was no longer any good for people to let.
You may be able to negotiate with the landlord to let you out early but he does not have to do that. You are liable for the rent until the end of the term, or until he gets a new tenant. You are also liable for any real letting costs.
He is under a duty to try to mitigate his loss by getting another tenant
You might want to offer to pay a few months rent in order for him to let you leave early and he will probably take that as a little bonus if he thinks that he will be able to get a tenant very quickly.
If you simply leave even with some notice, before the end of the term, he will be entitled to keep your deposit towards the rent and sue you for any outstanding.
I am sorry, I appreciate that this is not the answer you wanted but there is no point in me misleading you.
Does it and to your question even so? Can I clarify any specific points arising?
Customer: replied 7 months ago.

I am not a uk citizen so in the case when i have to continue to pay rent, can I do it on the weekly basis rather than paying upfront. For the first 6 months I was required to pay upfront, so is it the same case for the second half of the term?

Expert:  Stuart J replied 7 months ago.
What does the agreement say about payment up front or monthly or weekly?
Will the landlord accept that?
Customer: replied 7 months ago.

What are the possible scenarios? The agreement doesn't specify that. It just says that first 6 months have to be paid upfront. Doesn't say anything about the rest of the term

Expert:  Stuart J replied 7 months ago.
I would tell the landlord that and tell him that you will pay rent monthly for the next 6 months.
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 19413
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and other UK Property Law Specialists are ready to help you

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