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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
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I live in a rented property with a 12 month lease and no break

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I live in a rented property with a 12 month lease and no break clause. My lease runs out in November. In March I notified the landlord that we will need to move due to a posting abroad. The landlord is not making any effort to re-rent the property; they are not marketing it because they are thinking of selling it instead. In the meantime I have things not working in the house for months despite asking for repairs over and over. Will I indeed be liable for rent until the end of lease?
Hi

Thanks for your patience.

I'm afraid you will be bound by the full term of the tenancy agreement unless the term or the property is unfit for human habitation (which would also entitle you to terminate as it would be what is called a repudiatory breach of contract).

The disrepair issues have to be so bad that you are effectively denied the substantial whole of the benefit of the contract in order to be a repudiatory breach of contract, so they will be able to hold you to the term of the tenancy agreement if this is not the case.

If the disrepair has resulted in a loss of utility then you can posture as if you will sue to recover for loss of amenity and attempt to come to a negotiated figure to take in to account with the future rent arreasr


If you still wish to get out of the tenancy then landlords are generally under a duty not to unreasonably refuse a suitable tenant and your focus now should be on finding one. If the landlord acted on his own then you should speak to him to check that he would be amenable to your finding a replacement tenant. You can then use www.gumtree.co.uk to find a tenant (private landlords frequently use this service. If you present a reasonable replacement tenant to them for the rest of the term then they refused this then you can use this as a defence to any claim for the rent.

If you cannot find a replacement tenant then you can invite the landlord to surrender the tenancy in which you both agree the tenancy is terminated. You would have to pay a fee for this and it’s all a matter for negotiation.

I am sorry I could not have better news for you.

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Kind regards,


Tom
Customer: replied 4 years ago.

The landlord doesn't wish to rent it anymore and they want to sell it. So no tenant would be acceptable as the property manager already said. Does that make a difference?

Hi,

It doesn't make a difference in terms of the replacement tenant provided that the tenant only wishes to take over the remaining term of the tenancy until November. If you can find one and the landlord does not accept it then you can still use it as a defence.

Please remember to rate my answer.

Tom
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