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Jo C.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 69361
Experience:  Over 5 years in practice.
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I'm tenant, wants to end a fixed tenancy. What should I do?

Customer Question

I'm tenant, wants to end a fixed tenancy. What should I do? I have quit uni, and I have to leave uk by the 9th of December. I have given notice to landlord in 3months advanced. What could happen to me if I don't pay the rest of the payment till tenancy end date? I have got 2months advanced rental and 1 month deposit paid to the account. Please advise, thank you.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Jo C. replied 1 year ago.

When does the agreement end?

Customer: replied 1 year ago.
11th September 2016
Expert:  Jo C. replied 1 year ago.

Is there a break clause?

Customer: replied 1 year ago.
How to check if there's a break clause?
Expert:  Jo C. replied 1 year ago.

Do you have the contract there?

Customer: replied 1 year ago.
I'm checking on the contract, which section it could be shown
Customer: replied 1 year ago.
I don't think there's a break clause, as my landlord said he needs to consider it fraudulent and obtain legal considerations and ruling on the matter
Expert:  Jo C. replied 1 year ago.

Ok.

Can you find a tenant to replace you?

Customer: replied 1 year ago.
No I couldn't make it to find a replacement tenant before I left, that's why.
Expert:  Jo C. replied 1 year ago.

That is a problem I'm afraid.

This is an AST and you are liable until the end. The fact that your circumstances have changed does not release you from the agreement.

I had been hoping you could rely on a break clause but there is none.

If you do leave unlawfully then the landlord is under a duty to mitigate his loss by seeking a replacement tenant and he will not get forever to achieve that. You would only be liable until a replacement is found. It is generally harder to find a replacement for a student in a shared house than an entire house although in some university towns there is a huge accommodation problem so it might be achieveable.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
This is not a shared house, i lived alone. Would I be charge to court? Because I have got no choice but leaving the country as my student visa has been terminated.
Expert:  Jo C. replied 1 year ago.

Your change of circumstances doesn't change your liability I'm afraid.

The fact that it is a single property might make it easier to replace you.

Customer: replied 1 year ago.
Understood. So what could it lead to in such case if I'm leaving the country next week?
Expert:  Jo C. replied 1 year ago.

he would keep your deposit and potentially sue you giving rise to a CCJ.

Customer: replied 1 year ago.
What's a CCJ? And is there high chances he could succeed? And what's the result if case succeeded ?
Customer: replied 1 year ago.
I just googled, it's a county court, so how would they chase the debt on foreigners outside uk?
Expert:  Jo C. replied 1 year ago.

They can get enforcement orders because this is a competent coutrt although whether they would or not is another matter.

Customer: replied 1 year ago.
Okay. Thanks you very much. Lastly, Any suggestions in the worst case?
Expert:  Jo C. replied 1 year ago.

Well, if they do sue then I'm afraid the only way to avoid action is to repay.

With your deposit it is not likely to come to that.

Expert:  Jo C. replied 1 year ago.

Unless, of course, it is a property unlikely to rent.

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