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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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our landlord has asked us to sign a new 12 month contract only

Resolved Question:

our landlord has asked us to sign a new 12 month contract only 3 months into signing the first contract. This new contract is to start at the end of the first twelve month contract.
Our landlord asked us to do this just after we had been burgled and we signed although we were not in a good mental state after being burgled. We very much want out of this second contract as we have job offers elsewhere. Is there any chance?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

Have you already signed the second contract?
Customer: replied 2 years ago.

Yes unfortunately the 4 of us signed

Customer: replied 2 years ago.

The 4 of us have been pressurised to sign the second contract and we did sign this.

Expert:  Jo C. replied 2 years ago.
Thanks.

You are bound by the terms of the AST that you signed but the practical reality is that it would be impossible for him to enforce.

If you told him tomorrow that you do not intend to stay after the end date of the first AST then the landlord is under a duty to mitigate his loss by seeking another tenant. He has 9 months to acheive that it is not going to take him that long.

If he is able to find another tenant then he has had no loss and so no claim against you.

If he is not able to do so then he will need to satisfy a court that he has looked and cannot which he is not going to be able to do. It doesn't take 9 months to find a replacement tenant.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

Because we are a group of 4 and we all want to leave, he wants us to find replacement tenants for all of us

Expert:  Jo C. replied 2 years ago.
Its not for you to find replacements. He is under a duty to mitigate.

He will need to find replacements for all of you before you can escape without liability but he has 9 months to do it in and that is not going to be a problem.
Jo C., Barrister
Category: Law
Satisfied Customers: 69776
Experience: Over 5 years in practice
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