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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7609
Experience:  BA (Hons), PgDip, Practising Solicitor
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On 1st May 2012 our tenants jointly signed a shorthold tenancy

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On 1st May 2012 our tenants jointly signed a shorthold tenancy agreement for 2 years. On the 1st of January 2013 they served us with a months notice. They want to terminate the agreements which still has 15 months to run. The property has a mortgage. They are splitting up thats why they want out. We have put the property in the hands of a letting agent and are prepared to let them go when we find a new tenant but they want to go before can they?
Hi,

Is there a break clause in the tenancy agreement entitling them to terminate?

Kind regards,

Tom

Customer: replied 4 years ago.


No there is no break in clause

Hi

Thanks for your patience.

If there is no break clause entitling them to terminate now then they have no legal right to serve notice to terminate. If they simply leave the property then it would be a breach of contract.

If they do this then you can sue them for breach of contract and damages. This would include the remaining rent, interest, legal expenses and any other direct costs. You would probably only get judgement on a couple of months rent (plus the extras) because you are under a duty to mitigate your loss by finding a replacement tenant.

If a replacement tenant is found then you are under a duty not to unreasonably refuse a reasonable replacement tenant, though it should be the tenant putting in the work to find them. If you incur costs to find a replacement tenant then these should be paid by the current tenants and you can sue them for these if it comes to it.

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Kind regards,


Tom
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