Break clause

[ololon]

We have an AST, beginning August 2007, with 6m break clause. Our family is due to expand and we fell upon a larger place, so we served notice. We will, unfortunately, be paying rent on both places for one month and asked the landlord to rent it earlier than our official move-out date.

Landlord called to tell us he couldn't let us out earlier. Phone calls between us are extremely rare and, as we hadn't specifically requested an early release, the call is rather odd. He didn't actually respond to our request, which was simply to market the place sooner rather than later. He simply repeated, "But I can't let you out any earlier than the two months."

So my questions are:

1. if he finds a new tenant early, must we still pay the full two months of rent? (would explain the "can't let you out" if he's making us pay regardless)

2. Are we allowed to find a replacement tenant and must he accept this tenant if (s)he meets a minimum criteria?

3. Is he at all obligated to try and replace us earlier? Not to actually do it mind, but does he have any obligation to at least try?

We have a young child already and felt uncomfortable giving notice before securing a new residence, so we figured we'd have to take the loss. We expect to pay and will do so. We, however, also want to be proactive in minimizing our losses. We also just moved to the UK from overseas and are essentially clueless, so thanks for any and all help.

[Paul_f]

We have an AST, beginning August 2007, with 6m break clause. Our family is due to expand and we fell upon a larger place, so we served notice. We will, unfortunately, be paying rent on both places for one month and asked the landlord to rent it earlier than our official move-out date.

Landlord called to tell us he couldn't let us out earlier. Phone calls between us are extremely rare and, as we hadn't specifically requested an early release, the call is rather odd. He didn't actually respond to our request, which was simply to market the place sooner rather than later. He simply repeated, "But I can't let you out any earlier than the two months."

So my questions are:

1. if he finds a new tenant early, must we still pay the full two months of rent? (would explain the "can't let you out" if he's making us pay regardless) No, if he find a new tenant then your tenancy automatically ends, but he is not obliged to find another tenant

2. Are we allowed to find a replacement tenant and must he accept this tenant if (s)he meets a minimum criteria? If a new tenant meets the landlord's criteria then he would almost certainly accept them as he would have continuity of rental income

3. Is he at all obligated to try and replace us earlier? Not to actually do it mind, but does he have any obligation to at least try? Not any more as this was tested in court last year in a commercial rent case but this has been seen by the legal profession as having implications for residential tenancies

We have a young child already and felt uncomfortable giving notice before securing a new residence, so we figured we'd have to take the loss. We expect to pay and will do so. We, however, also want to be proactive in minimizing our losses. We also just moved to the UK from overseas and are essentially clueless, so thanks for any and all help.You are quite lucky to have an early termination i,e, break clause in your agreement so you have done quite well it appears in being able to leave earlier than normal

[jeffrey]

1. if he finds a new tenant early, must we still pay the full two months of rent? (would explain the "can't let you out" if he's making us pay regardless)

2. Are we allowed to find a replacement tenant and must he accept this tenant if (s)he meets a minimum criteria?

3. Is he at all obligated to try and replace us earlier? Not to actually do it mind, but does he have any obligation to at least try?
1. No. Once new T starts rent liability, yours ends at once (except for any prior arrears).
2. Yes, you can; but no, you can't make L accept.
3. No, he doesn't.

[ololon]

New twist to this situation:

Landlord has shown house twice. Second time, potential tenants very interested. One turned to me and said, smiling, "Hurry up and move already!"

So I asked her when she wanted to move in, as we were quite flexible. Agent immediately said, "I thought you were moving in April." I then told him that no, we were moving earlier and in fact could move as early as March 1. Potential tenant was thrilled. Agent looked confused.

So it turns out landlord is not bothering to replace us early, but is claiming place won't be available until the end of our notice. When we gave notice, we explained that we were moving and when. We've clarified this several times. He will not respond to anything re: removal in writing. And obviously seems intent on making us pay, even if it means misinforming an agent as to our departure date.

Nothing I can do about this, correct?

Thanks again.