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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi there, I am currently currently away in Cuba but have

Customer Question

Hi there,

I am currently currently away in Cuba but have a property at home in the UK that I am renting out to a couple on a two year tenancy agreement with no breakclause. The tenants are about 3 months short of a year into their contract and have recently written to me to inform me that they have completed on the purchase of a property and intend to leave at the end of the month. Soon after the tenancy agreement was signed I asked the tenants if I could include a 1 year break clause as I had accidentally omitted to do so whilst drafting the contract, they refused this amendment. I would basically like to know what my rights as a landlord are in the circumstances as I will not be back in the UK to prepare the property for a new tenancy until the end of July and though my current tenants mentioned the possibility of subletting in their email to me I don't believe this is allowed under the terms of my leasehold of the property or the tenancy agreement I have with them. Not to mention that I would like to be the one to vet and approve any future tenants. My understanding from the terms of the tenancy agreement is that my current tenants are obliged to continue paying rent until the expiration of the lease (July 2015) or until new tenants have been found, whichever comes first. I would like to know whether due to the fact that I'm out of the country and unable to find new tenants they will be obliged to continue paying rent until I return and am able to do so.

I look forward to your advice in this matter.

Kind regards

Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.

You are lucky that you have a tenant vacating your property voluntarily, very often, it is the landlord looking for legal advice on how to evict tenants involving lengthy court proceedings.

You would be hard pressed to argue to a court that you deserve rent until July 2015 simply because you are not in the UK, the court would expect you to appoint an agent or come down and find another tenant to mitigate your losses.

However, what is reasonable is you agreeing with your tenant that they will pay rent to you for say 3 months even though they move out at the end of this month so this would more or less be the 1 year break which you were looking for originally.

It would be better if you settle this matter out of court as courts usually side with tenants in such matters and would not award you the landlord anything which is unreasonable, which is say 3 months rent rather than 15 months rent.

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