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Remus2004
Remus2004, Barrister
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I live in a rented property and in April 2014 signed a contract

Resolved Question:

I live in a rented property and in April 2014 signed a contract for ONE year but have decided
that I will possibly want to move before the contract ends. It states in the contract that I need to give One months' (30days) notice. If I break this One year contract will my Landlady be able to take this further??
Many thanks in advance for your advice
Yours faithfully
Mrs.Powell
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.

The short answer is that it depends what the contract says.

If you mean that this is a standard AST then you have to give one months notice to end the contract but you can do no early than the end of one year then you will be in breach of contract if you leave.

If the AST says that you can end at any time by giving one month's notice then you will not.

Even if this falls into the former category though the landlady will be under a duty to mitigate her loss by seeking another tenant and usually they can replace within a month. You are only liable up until the point the new tenant takes over.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

My AST Tenancy Agreement states:


 


If the Tenant requires to terminate this agreement, the Tenant must give written notice to the Landlord and the period of notice shall not be less


than the Tenant's notice period One month (30 days)

Expert:  Remus2004 replied 2 years ago.
That would tend to suggest that notice can be given at any time. Its an unusual AST but if thats what it says without qualification.
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Category: Property Law
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Experience: Over 5 years in practice.
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