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nic17
25-11-2005, 08:13 AM
is there any way of getting out of a fixed term contract shared betwen four people?

MrShed
25-11-2005, 20:06 PM
Short answer: no, that is why it is a contract.

Long answer: is there any break clauses etc on the contract? Exact wording?

You can use assignment or subletting to get someone else to "take it over" for you.

PaulF
27-11-2005, 22:56 PM
Rubbish answer Mr Shed!

If you need to cut short your AST then:-

The landlord must ACTIVELY look for another tenant.
You must pay the rent until you are replaced.
The new tenant will have to provide proper references if the landlord requires it.
You will probably have to pay the landlord's reasonable costs, but............
Only if you were advised of this before you took the tenancy; this is information to which you are entitled to know should your very situation arise, and you should have been told what the position is should you need to terminate early; why? - it's in the Unfair Terms in Consumer Contract Regulations guidelines.

Energise
27-11-2005, 23:47 PM
My partner and I moved into a rented property under two weeks ago. We paid the month’s rent and a security deposit. However after moving in, my partner and I split and we desperately want to move out, as neither of us can afford the property on our own. We signed a 12 month contract. Where do we stand in respect of moving out and our security deposit?

PainSmith Solicitors say:

You need the landlord’s consent. Otherwise you are jointly and severally liable to perform the contract to its expiry.

Surrendering occupancy;

PainSmith Solicitors say:

This is a grey area because in practice most county courts expect the landlord to mitigate the loss, even though the claim for rent is not a claim for damages (and as such there is no legal basis upon which the landlord can be obligated to mitigate).

MrShed
28-11-2005, 03:33 AM
Rubbish answer Mr Shed!


Perhaps, but no detail in the question, such as actual clauses etc from the AST! Only so much you can do with a "how long is a piece of string" question.