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Dear Sirs, I have rented a flat for a straight 12 months tenancy

Dear Sirs, I have rented a...
Dear Sirs,
I have rented a flat for a straight 12 months tenancy only to realise that I was very very unhappy living there for a number of reasons which may not have affected others but have made me psychologically ill and because of this I was forced to give notice. Which I did on the 4th month of the tenancy and vacated at the end of month 6. Now the landlord is trying to sue me for his losses and is demanding that i reimburse him up to the end of the tenancy which would mean for further 6 months, which would mean that he wasn't able to rent his flat for that period. Which is untrue as I have evidence that he hasn't been trying to rent it and has taken it off the market because he was trying to sell it.

I thought that only is the landlord has tried to relet it and can prove it that he can claim his losses from me.

Please advise what are my rights.
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Answered in 3 minutes by:
8/23/2013
Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7,636
Experience: BA (Hons), PgDip, Practising Solicitor
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Hi,

What was the fixed term of the tenancy please?

Was there a break clause giving you the right to terminate the tenancy?

Did you give the required notice under the break clause to do this?

Kind regards

Tom
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Customer reply replied 4 years ago

fixed term of 12 months and I gave notice on the 4th month that I will vacate at the end of the 6th month.

Hi

Thanks, XXXXX XXXXX the tenancy agreement give you the express right to terminate the tenancy at this time?

Tom
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Customer reply replied 4 years ago

no

Drafting your answer now. 5 mins please.

Tom
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Customer reply replied 4 years ago

ok

Hi

Thanks for your patience.

I am afraid that if the tenancy agreement does not contain a right to terminate the tenancy then you cannot terminate it in this way. There is no implied right to terminate a tenancy of this type.

The only way that you could terminate in this way is if the property was unfit for human habitation (which would also entitle you to terminate as it would be what is called a repudiatory breach of contract).

The landlord will either sue you for the remaining rent or he won’t. It’s up to you to assess whether you think him suing you is likely.

He would be successful in getting judgement against you. However, the landlord is under a duty to mitigate their losses. 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 cannot get a replacement tenant and the landlord has not made any efforts to get a replacement tenant then if the landlord sue you they would probably only get judgement on the amount of rent that they would have earned before the court considers that they should have been able to re-let the property. In all probability this would be up to about a month or perhaps six weeks. However the landlord would also be at liberty to add their court fee and costs to this.

If you think the landlord will sue you then I would focus on finding a replacement tenant.

If the landlord took a deposit from you but did not protect it in a tenancy deposit scheme then you would be able to sue them for the return of the deposit and a fine of three times the deposit amount (although it’s quite difficult to get the whole fine these days). You may investigate this and potentially use this as leverage in your dispute.

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


Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
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Customer reply replied 4 years ago

Tom thank you for this detailed reply, I have to add that the landlord's tenancy prohibited this option for me to find a replacement tenant. And after I moved out I know for a fact the agents were instructed that the property wasn't on for lettings anymore and it was being sold.


 


Which means that the landlord wasn't interested to relet the flat so not sure what this would mean for me.

Hi,

It does not change the fact that you have breached the contract, which means that the landlord will still be able to use you.

If it is the case that the landlord is not agreeable to reletting the property then I woudl attempt to document this in correspondence with them and then attempt to use this as a defence in the event that the landlord attempts to sue you. You might not be abe to prevent them getting judgement against you but you may be able to limit the amount of money the landlord actually gets judgement on.

Please remember to rate my answer.

Kind regards,

Tom
Thomas
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