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Does the tenancy allow for viewings please?
Sorry, just to be clear, I am the tenant in the property concerned, thus Im not sure I understand your question? Do you mean viewings if the landlord wished to sell?
I guess I am looking to understand how rigid the law is here, ie, we have signed a contract, thus its tough, or alternatively, we have acted resonably and have done everything we could to enable zero loss to the landlord, hence we have some grounds for feeling like there should be some flexibiltiy here?
Sorry, I notice my initial brief is confusing....
We wish to move and break the contract March 24 against a Dec 12 contract end date
We gave 4 months notice and have worked with the agents to allow countless viewings
We have been very upfront with the landlord
Our contract stated that we could break if we had to move back to NZ for work, or due to family illness. We invoked none of these clauses, as they we not applicable, instead we are moving to allow our kids to enjoy the countryside.
Previously the landlord and I had discussed us buying the place with a earlier transation date of around April, however we decided that we wished to move out of London instead.
He has 2 very good offers on the table for 12 months, but has rejected them saying he wants to sell in December.
We feel this is highly unreasonable, as do the agents, as its unlikely that you can rent a 5 br £2m house unfurnished for 9 months
hope this helps
When you say leg to stand on, do you mean staying for 4 months?
Sorry, we would like to vacate March 21, but are obligated until Dec 12, with no break clause, bearing in mind the information Ive furnished below, I was rather hoping you would be able to provide me with an opinion on whether I have any options here, ie go to court to seek a release from the contract?, cease payment etc, or are these shorthold tenancy agreements highly enforceable and as such, if this went to court, would I not have a change, or leg to stand on.
Do you have any way of getting out of the contract - no
If you knew what you were signing and knew it was for a period of time you can not just get out of it.
The Court would not declare the agreement unfair unless it had a particularly onerous term
If you knew you were signing for 2 years then a Judge would expect you to have read that.
Unless the Landlord has breached the contract in any way and it would need to be a significant breach then you are unable to be released
All you are able to do is find replacement tenants.
Of course if you do leave early you dont have to tell the Landlord where you are going and as long as you do not want a reference and do not intend to give a forwarding address you can leave.
But you would need to leave overnight - it would need to be quick
The Landlord would then have to find you to issue a claim against you.
But if there is no forwarding address or contact details, the Landlord would be unable.
But to leave the contract - sadly not unless there are significant Landlord breaches.
If the landlord has two solid offers which they have rejected due to the term required being 12 months, versus his aspirations of 9 months, does that change a thing?
Seems to me that we have done all we can to find an alternative (2) and he is unwilling to play ball
That would be lack of mitigating any loss, but it still does not mean you can leave early or with hold rent.
Can I clarify anything else?
Ok thanks for your assistance here...
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Sorry I didnt press the right button - try and rate again - thanks!