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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
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Is there a way for getting out of a fixed term rental aggreement My

Resolved Question:

Is there a way for getting out of a fixed term rental aggreement?
My husbands step daughter is in a one year fixed term lease aggreement and now we need her to look after her brother as her mother is in re-hab. That would mean she would need a bigger flat. Maybe social services could help?
Submitted: 6 years ago.
Category: UK Property Law
Expert:  Thomas replied 6 years ago.



What is the fixed term of the tenancy agreement please?


Customer: replied 6 years ago.
One year
Expert:  Thomas replied 6 years ago.



Yes, but when did it start and when is it to expire?


Customer: replied 6 years ago.

Sorry Tom.... it's not my lease. I think she has only had it for about 3 months, so not until after Christmas 2012.

I guess she could get someone else to take it over for the period she has to look after her brother and then come back to it. She would need to write some sort of agreement with the person who she chose though?


Expert:  Thomas replied 6 years ago.


Thanks for your reply.



I'm afraid she will be bound by the full term of the tenancy agreement unless there is a break clause in it entitling her terminate at a certain point during the term or the property is unfit for human habitation (which would also entitle her to terminate because it would be a repudiatory breach which denies her substantially all of the benefit of the contract..


However, landlords are generally under a duty not to unreasonably refuse a suitable tenant and her focus now should be on finding one. If the landlord acted through agents then she should explain your situation to them and press them (and continue to press them) to find you a replacement tenant. If the landlord acted on his own then she should speak to them to check that they would be amenable to finding a replacement tenant. You can then use to find a tenant (private landlords frequently use this service).


If she founds a landlord she would obviously need to obtain the landlords written confrimation that her liability will/had ceased upon replacement.


If she just leaves then the landlord will probably sue her for the outstanding rent and will likely obtain judgement on an amount equal to the time it would have taken for the landlord to find a new tenant depending on the demand in the area for that type of tenancy.


Sorry it could not be better news.

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