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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70212
Experience:  Over 5 years in practice
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I have signed a 2 year tenancy agreement and there is no

Customer Question

Hello, I have signed a 2 year tenancy agreement and there is no break close in it however I am moving abroad and I was requested by my landlord to pay the rent until he is able to find new tenants. Do I really have to pay that long or is there any laws explaining a notice period in this situation even if there is no break close in my tendency agreement?
Submitted: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.

You are liable until a new tenant is found.

However, the reality is that a court would expect him to show that he has tried to find a new tenant and cannot which is unlikely to succeed.

Expert:  Jo C. replied 11 months ago.

Usually landlords are given one to two months to achieve this unless a really exceptional circumstance arises.

Therefore your liability would end.

In academic law you are liable until the end of your agreement.

The law requires the landlord to mitigate his loss though by seeking a replacement and he has to show he has made reasonable efforts.

If he cannot then your liability ends.

If does succeed then it ends anyway.

Can I clarify anything for you?

Jo

Customer: replied 11 months ago.
Ok thank you, ***** ***** is no standard notice period (I found out that in Ireland it would be 56 days even if there is no break close in the agreement) stated by the law? And if the landlord doesn't find anyone in 6 months I will still be liable?
Expert:  Jo C. replied 11 months ago.

No, not on an AST.

It is as I've said really on the point of liability. If no replacement he has to show he has made reasonable efforts.

Customer: replied 11 months ago.
Thank you, ***** ***** my question
Expert:  Jo C. replied 11 months ago.

No problem.

All the best.