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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69251
Experience:  Over 5 years in practice
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We are renting a house under a fixed tenancy 12 months. As

Customer Question

We are renting a house under a fixed tenancy 12 months. As of the 6th.June we will have completed 9 months of this tenancy.
The only toilet facility is upstairs, and my wife and I are finding it very difficult to deal with, I am 74 this year and have Angina and heart problems and have been advised to avoid too many stairs , my wife has breathing problems and also finds it difficult going up the stairs.
Therefore we need a property all on one level So my question is
Are we able to give notice to our landlady in June, with still 3 months to run without being forced to pay he rent up to the agreement date go 6/9/14
Also would the deposit be withheld if she is not in agreement to terminate the tenancy on the 6/6/14 mr. Abbott .
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

I am sorry but its bad news although the liability may not be as bad as you think.

I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

Unfortunately ASTs are very hard to escape. You pretty much have to show that the property is gutted by fire damage or flooding and so you cannot live in it. Another acceptable reason would be that a person's life is in immediate danger like a gas leak.

I'm afraid that things like change of circumstances of the tenant or the fact that the premises is not salubrious is not sufficient.

You could try to negotiate with the landlord. Sometimes they will agree to allow tenants to leave as its in their interests too on occasions.

If that is not possible here then I'm afraid you will be acting unlawfully if you leave early. However the landlord is under a duty to mitigate his loss by seeking a replacement tenant and he will not get forever to achieve that. Realistically, if a landlord is really trying, most properties can be let to another tenant comfortably within a month. You will only be liable up until the time that the landlord is able to replace you which will be nothing like the remaining months due under the contract.

Of course, there is a risk that the landlord will not be able to find a replacement. If so, the Court will ask him to prove that he has looked for a replacement. If he is able to do so to the Court's satisfaction then you would be liable for that period but that is very unlikely.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please let me know if you need more information

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