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faxfan2002
17-04-2006, 14:55 PM
Hi,

A friend of mine is currently about 3 months into a rental contract of 12 months. Due to personal circumstances she wants to leave after 6 months. I know the first stage would be to talk to the landlord or letting agents. If the landlord plays hard ball and refuses to cut short the contract where does she stand?

Would it be a case of giving a months notice and losing the deposit if the landlord cannot re-let?

Thanks for any advice.

dhphoto
17-04-2006, 15:25 PM
Realistically there is little a landlord can do except retain the deposit. The tenant would be off and out of sight and probably difficult to locate to pursue any legal action.

Just my opinion

David

dhphoto
17-04-2006, 17:43 PM
Could the landlord take the tenant to court for the amount of lost rent up to the point where it was relet (and additional letting expenses)?

For example if renting to students and one left after 3 months, it could be 9 months before the new intake, therefore even with superhuman efforts you could still have a vacancy in the property for an extended period - in this case the landlord would be able to go after the tenant for this missing rent?)

We insist one one AST tenancy agreement and one single rental payment, which (technically) means the tenants are jointly liable for everything, rent, bills etc and we ensure they are made aware of this at the start. Should one tenant leave it is then up to the rest to make up the shortfall.

David

MrShed
17-04-2006, 23:14 PM
OP:

No it would not be the case. Your friend would be responsible for the rent for the entire remainder of the contract, in theory. But the landlord must make reasonable efforts to replace him, and would only be responsible up until a new tenant is found.

Read this thread for more detail:

http://www.landlordzone.co.uk/forums/showthread.php?p=9724#post9724