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View Full Version : Can T surrender AST during fixed term?



stevstoc
02-05-2007, 19:51 PM
I currently rent a flat but only in the 3rd month out of a 12 month let. within the next couple of months I may need a bigger place, this was unforeseen at the start of the tenancy. Ive spoken to the letting agent and they have said that I would have to pay a percentage of the re-letting fee, which is also in the contract and no problem, however, they also said I would be liable for any rent due upto the day new tenants moved in.
Is this correct? Even with two months notice. If so any advice of how to resolve this without having to possibly pay for 6 or 7 months rent which I will not be able to manage would be gratefully received.
I really didnt expect this change in circumstances though and am getting worried.:(

Bel
02-05-2007, 21:42 PM
You are tied to the fixed term, unless the agent/LL agrees to let you off.

If you choose to leave they must actively try to get a new tenant; if they can't for good reason get one, then you must pay all the rent for the fixed term. You can look for your own new tenant to help minimise your losses; but they will have to be approved & refernced by the agent.

forumuser
12-01-2009, 09:45 AM
Hi, I am currently halfway through a year long AST. Due to circumstances beyond my control I am very keen to persuade my landlord to surrender the current Lease. Unfortunately there is no break clause in the contract.

I understand and accept that I am legally obliged to fulfil the full term and I am not looking to inconvenience my landlord more than is absolutely necessary. My current relationship with the L is good and I have no desire for the L to be out of pocket after this. I am going to ask the L to be released early, explaining my circumstances and making clear that I am willing to pay the rent for any vacant period. If possible I will try to find a new tenant myself, but this may not be possible if the L has an exclusive agreement with the Letting Agency.

Has anyone any advice on how I should approach my L with this? Any comments on what I should reasonably offer. Also I am under the impression if that if I did give notice and leave, the landlord can only claim the rent from me, if he has made an effort to mitigate his losses (i.e. find a replacement). Is this correct? Does anyone know how long a vacant period could be claimed for?

Thanks,

Lawcruncher
12-01-2009, 10:07 AM
I am under the impression if that if I did give notice and leave, the landlord can only claim the rent from me, if he has made an effort to mitigate his losses (i.e. find a replacement).

There is no obligation on a landlord to mitigate his losses.

Neither is there any obligation on a landlord to accept a surrender.

In your situation you are in the hands of the landlord and it is a question of agreeing what you can. What you do not want to do is to agree a surrender with an obligation to pay money equivalent to rent for an indefinite period. If you are going to do that you may as well keep the benefit of occupation.

mel19632
12-01-2009, 11:08 AM
Not claiming to be an expert in law, but I'm sure that the Landlord does have an obligation to mitigate his losses - if you went to court over this, i'm sure that would be something which would be looked at. I think this is part of contract law but i'm sure a lawyer will be better placed to tell you!

jeffrey
12-01-2009, 11:24 AM
Not claiming to be an expert in law, but I'm sure that the Landlord does have an obligation to mitigate his losses - if you went to court over this, i'm sure that would be something which would be looked at. I think this is part of contract law but i'm sure a lawyer will be better placed to tell you!
No. During the rest of the fixed term, there is no duty to mitigate: see Reichman v. Gauntlett [2006] Court of Appeal.

After the fixed term expires, however, there might be such duty.

Editor
12-01-2009, 11:33 AM
http://www.landlordzone.co.uk/FAQ/index.php?sid=868905&lang=en&action=artikel&cat=2&id=4&artlang=en

forumuser
12-01-2009, 13:00 PM
"During the rest of the fixed term, there is no duty to mitigate: see Reichman v. Gauntlett [2006] Court of Appeal." Oh dear! Are there any examples, I thought there was at least a duty for the landlord to search for a replacement, even if it was a grey area of the law?

jeffrey
12-01-2009, 13:18 PM
"During the rest of the fixed term, there is no duty to mitigate: see Reichman v. Gauntlett [2006] Court of Appeal." Oh dear! Are there any examples, I thought there was at least a duty for the landlord to search for a replacement, even if it was a grey area of the law?
No such duty during fixed term, only thereafter.
Indeed, why should L have to run around and try to mitigate, just because T won't keep a contractual obligation?

forumuser
12-01-2009, 15:10 PM
Fair enough. Thanks

maca
12-01-2009, 16:47 PM
hi,

my tenant has a 12 month AST, due to a change in their circumstance they wish to leave early after 4 months.

i am happy to let them go an dput a new tenant in. what happens if they leave and no tenant is found ?

how can i enforce the missing rent etc ?

thanks