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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 803
Experience:  Experienced solicitor
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I have signed a contract with another 2 people to rent a house

Customer Question

I have signed a contract with another 2 people to rent a house together. We have signed it on the 20th of february. The term starts on the 8th of July (which is in a week) and i have not picked up the keys or moved in yet. I am trying to get out of this contract but the landlord says that i can't do that unless i find a replacement. Also under the terms and conditions of the contract it says ''After the first three months of the Term, if the tenant can find a suitable alternative tenant, and provided this alternative tenant is acceptable to both the Landlord and any other tenants on the tenancy, the Tenant may give notice to end the tenancy on a date at least one month from the date that such approval is given by the Landlord''. Would that mean that I can cancel the contract since the Term has not started yet? or would I have to wait for the Term to begin, and then wait 3 months and only then i would be allowed to find a replacement? thank you for your time :)
Submitted: 3 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello, I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

You have probably signed a tenancy agreement jointly with your prospective housemates. You are right in your second interpretation of the clause you refer to and wrong in your first interpretation.

Customer:

does that mean that there is no other way of cancelling the contract other than finding a replacement?

Customer:

well and obviously if the Landlord would agree to a surrender

LondonlawyerJ :

The situation is that if you have signed up to pay rent you will need to do so unless you find a replacement. Unless there is a very good reason to do so (eg some fundamental misrepresentation by the landlord about he place to be rented, or some serious defect with the place) then if you have signed and agreed to pay you are under an obligatio to do so unless you can eliminate his loss by finding a replacement.

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