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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7620
Experience:  UK solicitor holding an England and Wales practising Certificate.
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Want to end. My tenancy early got a clause in my agreement

Resolved Question:

Want to end. My tenancy early got a clause in my agreement if no money's received 28 days they will end tenancy
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.
Hi,

Are you the tenant or the landlord?

Is this a residential Tenancy?

What was the original fixed term of the tenancy?

Kind regards,

Tom
Customer: replied 3 years ago.
Tenant yes it is a residential tenancy and the tenancy is for 12 months assured shorthold
Expert:  Thomas replied 3 years ago.
Hi,

When does the 12 months term expire please?

Tom
Customer: replied 3 years ago.
Tenancy started on 16 December 2013
Expert:  Thomas replied 3 years ago.
Hi,

Is the property habitable?

What is the reason for why you wish to terminate early please?

Tom
Customer: replied 3 years ago.
Yes the property is habitable I am pregnant and had a brick through my window I know don't feel safe for myself and unborn child
Expert:  Thomas replied 3 years ago.
Okay. Drafting your answer now.

5 mins please.

Kind regards,

Tom
Customer: replied 3 years ago.
I am on benifit and the rent I cannot afford I have just got out a relationship with someone who is violent an can't stay there need to be somewhere so he doesn't know where I live
Expert:  Thomas replied 3 years ago.
Hi

Thank you for your question and patience.

Firstly, it’s an awful position to be in and you have my sympathies.

I'm afraid you will be bound by the full term of the tenancy agreement unless there is a break clause in it entitling you terminate at a certain point during the term or the property is unfit for human habitation (which would also entitle you to terminate as it would be what is called a repudiatory breach of contract).

This remains the case even if you consider that the property is not suitable for you because of the anti-social elements that have led to the brick being thrown through your house. This is because the landlord is not responsible for people that live in the neighbourhood or for others that don’t but misbehave in it.

If you still wish to get out of the tenancy then landlords are generally under a duty not to unreasonably refuse a suitable tenant and your focus now should be on finding one. You can then use www.gumtree.co.uk to find a tenant (private landlords frequently use this service. Once you have found a replacement tenant you must present them to the landlord and notify them that it is your request for them to replace you. They should then confirm in writing that the tenancy has replaced you in the tenancy and that you are no longer liable.

If you find a reasonable replacement tenant and the landlord refuse to accept the tenancy for no good reasons, then you should specify the request in writing noting the landlord’s oral refusal to accept the tenant and requiring them to reconsider or to give you specific reasonable objections for the refusal. You should state if the reasons are inexplicable then you will terminate the tenancy unitlaterally. You could then use this as a reasonably good defence to any action commenced by the landlord for the rent.

If you cannot find a replacement tenant then options would either be to return the keys, which would mean that the landlord will probably sue you at county court for the rent owing under the tenancy (they would likely get judgement on about two months rent + costs), OR to offer the landlord a sum of money to induce them to execute a Surrender of Tenancy which is where you both agree that the tenancy should be terminated early without liability to either of you for a sum of money.

I am sorry they are sparse, but those are your optin.



My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.

Kindly rate my answer if you are satisfied with the information I have provided.

Kind regards,


Tom
Expert:  Thomas replied 3 years ago.
Hi,

I have just seen your further reply.

You also need to check with the local authority about how your proposal for replacement tenant OR to surrender the tenancy would affect your housing benefit, because it's very possible that it coudl and this may be one of your most important factors in making the decision.

Tom
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