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Thomas Judge
Thomas Judge, solicitor Advocate
Category: UK Property Law
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Experience:  award winning lawyer with over 15 years experience
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I have a clause saying that I can leave after 6months. But

Customer Question

I have a clause saying that I can leave after 6months. But I also have a clause that says if I leave before this I have to pay 8% of the agents introductory fees. I was told by the agent that the 8% would be £400. Then he told me that that clause is only for emergencies, which is not stated in the contract.where do I stand on this because now I'm told I have to pay rent until they find a new tenant.
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas Judge replied 2 years ago.
Thanks for your question. Please remember to rate once you get my answer.
It sounds as if you have a fixed term 6 months assured shorthand tenancy. As such if you leave before the conclusion of the 6 months you would commonly be liable for any outstanding rent and fees. That said, they have a duty to mitigate any losses pre 6 months (if you leave early) and hence the reference to a new tenant. If the new tenant is found then he would be liable to the fees so the agent would not be entitled to make a double profit. If you leave at the end of the 6 months then you will not have to pay any additional fees.
I hope this helps