View Full Version : Is there a legitimate way to end my tenancy early?
06-12-2005, 11:06 AM
Hi. I'm looking for some advice...
I'm five months into an Assured Shorthold Tenancy Agreement with a fixed term of 12 months and no break clause. I have just been offered a job in Dubai and would like to take it, but it would mean breaking my tenancy.
Is there a legitimate way I can go about this? If I had to pay out the rest of the contract then it really wouldn't be worth me taking the job. But if there's another way...
Apologies if this sort of question has been posted 1,000 times already!
06-12-2005, 11:13 AM
Quite simply, no.
However, you do have options:
- Negotiate with the landlord for you to leave the property early...perhaps a small payoff?
- Sublet the property.
- Assign your tenancy to someone else.
NOTE: the second two options, are usually either one of or both are prohibited in the AST terms. However, it is unfair to prohibit both, so either do the one which is not prohibited, or if both are prohibited the term is void, so do either. Assignment by the way means someone else taking over the tenancy.
Even if you do none of these and leave, the landlord must actively attempt to mitigate his losses ie find another tenant. If he does not do so, you are not responsible for the entire 7 months outstanding.
Hope this helps.
07-12-2005, 08:12 AM
I think the answer MrShed gives needs just a little qualification:
Sub-letting is strictly barred in most AST agreements and I don't see how this can be construed as unfair given the complications which could arise.
Assigning the tenancy - ie the tenant finding a replacement - may be a possibility, but only with the landlord's concent and his approval of the new tenant. The landlord has a right to screen any tenant entering the property, and of course any expenses involved in the changeover would legitimately fall on the outgoing tenant - the assignor.
07-12-2005, 19:50 PM
I posted before about subletting this morning, and later found out that it is normally prohibited in the ast contract, unless the tenant who takes over the property informs the landlord that it is his/her intention to sublet the property to sb else, and the landlord has to agree, but i still cannot understand if there's a problem, whose responsability is it ?
Is the landlord responsible or liable towards the first tenant or towards the second tenant who rented from the first tenant, or both ?
A rents the property to B, B sublets the property to C . C signes an agreements to B, therefore A should not be responsible for anything towards B, but only towards A
Let's say B asks for a deposit from C , if at the end of the tenancy B doesn't return the deposit to C, C should claim his deposit back from B(sub-letter) and not from A (landlord) right ?
All this seems too messy, no landlord would want to do this, but if it has to be done to help somebody leaving the tenancy before the expiry of the Ast, then what is what and who is who ?
07-12-2005, 22:02 PM
Bayoo....sorry, but quite simply you do not have such a right.
Editor: sorry perhaps I did not make myself totally clear. Prohibiting subletting itself is not unfair. Prohibiting BOTH subletting and assignment is.
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