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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70508
Experience:  Over 5 years in practice
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I have just had to terminate an 12 month fixed term tenancy

Resolved Question:

I have just had to terminate an 12 month fixed term tenancy as I lost my job.
I been in the property for 4 months so served 1 months notice.
The landlord has my deposit; which equates to 6 weeks rent.
The landlord has advised that as it is a fixed term tenancy, I will still be liable for rent until they find a replacement tenant; this could in the worst case scenario equate to circa 10,000 Euro which I will be unable to pay especially now that I am not working.
Can the landlord really hold me liable for rent that I am unable to pay?
Thanks
Sonya
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Is there a break clause?
Customer: replied 1 year ago.
No...sadly not!
Expert:  Jo C. replied 1 year ago.
That is a shame.He is right I'm afraid. You are liable until he replaces you.However, he is under a duty to mitigate his loss by seeking a replacement and he will not get forever to do that.
Expert:  Jo C. replied 1 year ago.
Generally speaking a court will consider that one month is adequate to secure a new tenant. If they take any longer than that then a court will usually say that they have not mitigated properly and you are not liable for that.
Expert:  Jo C. replied 1 year ago.
6 weeks is perfectly long enough to replace you.Can I clarify anything for you?Jo
Customer: replied 1 year ago.
Jo, thanks for alleviating my concerns.
Sonya
Expert:  Jo C. replied 1 year ago.
No problem and all the best. Please remember to rate my answer. Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.
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