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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, I have signed a tenancy agreement for 9 months and no

Resolved Question:

Hi,
I have signed a tenancy agreement for 9 months and no breakhtrough clause is mentioned in the contract for leaving the property before 9 months.
I have completed 6 months of tenecny and also provided 50 days advance notice that i will be vaccating the property but my comapany and landlord is forcing to stay us or to pay the rent upto 9 months.
As far as i know even if no brekathrough clause is mentioned i complete 6 months and provide sufficient advance notice i can leave the property as per Uk housing act.
Please provide your feedback
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Is it an assured shorthold tenancy that you have please?
Customer:

hello

Customer:

Hi please can you repond to my query

Alex Watts : Yes what type of tenancy do you have, I assume its an assured shorthold?
Customer:

yes it is an assured shorthold tenancy

Alex Watts : ok. It's bad news I am afraid.
Alex Watts : Under the Housing Act 6 months is a minimum term.
Alex Watts : It can be longer and indeed for years.
Customer:

Yes i have completed 6 months\

Alex Watts : Therefore if you signed you for 9 months sadly you must stay there for the whole period.
Alex Watts : If not you would be in breach if contract.
Customer:

but i have served the minimum contract

Alex Watts : This is a contract, both you and the landlord are bound for 9 months. An assured shorthold is simply for at least 6 months.
Alex Watts : Therefore sadly you are bound.
Alex Watts : You said that you signed up for 9 months?
Alex Watts : if you did you are bound to 9 monts
Alex Watts : Monyhs
Alex Watts : @ months @
Customer:

yes the total contract is for 6 months

Customer:

sorry

Alex Watts : There is not a min
Alex Watts : So
Customer:

the total contract is for 9 months

Alex Watts : you signed for 9 months
Alex Watts : Yes you must stay for 9 months
Alex Watts : An AST must be for at least 6 months to be that type of tenancy.
Alex Watts : I think that may be where you are confused
Alex Watts : So you have several options
Alex Watts : 1) stay for the 9 months
Customer:

yes what are the options please can you ellaborate

Alex Watts : 2) leave and pay for the remaining term
Alex Watts : 3) find a new tenant to replace you
Alex Watts : Those are the options
Alex Watts : I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Customer:

okay so there is no otion for the minimum term in this condition

Alex Watts : No. You have no break clause.
Alex Watts : I am sorry
Alex Watts : Can I clarify anything for you?
Customer:

there is not even the option of leaving the security deposit and leave the house

Customer:

?

Alex Watts : Only if the landlord accepts this and releases uou
Alex Watts : @ you @
Alex Watts : Its all down to the landlord. He could make you stay for the 9 months.
Alex Watts : Can I clarify anything else.
Customer:

there is also a clause

Customer:

Surrender of the tenancy by the tenant










5.5



Strictly with the landlord’s or his agents prior written consent and subject to certain conditions that may include the landlord’s reasonable costs associated with the re-letting of the premises, the tenant might be allowed to surrender or give up this tenancy before it could otherwise lawfully be ended.



Alex Watts : Yes. This is down to the landlord. If he refuses you can't move out early.
Customer:

What could be the possible outcomes

Alex Watts : 1) you have to stay for 9 months
Customer:

if i will not pay for remaining term?

Alex Watts : 2) you leave and have to pay for remaining term
Alex Watts : 3) the landlord lets you leave early.
Alex Watts : Does that help?
Customer:

considering the 2nd option

Alex Watts : ok.
Customer:

if we leave and pay for the rest of the term

Alex Watts : its a matter for you.
Customer:

does security deposit will be included in that

Customer:

?

Customer:

or other then security deposit

Customer:

we will have to pay extra rent?

Customer:

are you there?

Alex Watts : You won't need to pay extra rent.
Alex Watts : It would just be for the 9 month term.
Customer:

i think question is not clear to you

Customer:

i want to say

Customer:

considering your 2nd option

Customer:

leave and pay the rent upto the reamining term

Customer:

If we want to manage last month rent in security deposit?is it possible?

Alex Watts : Yes you can do that.
Alex Watts : That is possible.
Customer:

so what is the best option in all the three

Customer:

as per your advice?

Alex Watts : Try and negotiate out of it
Customer:

and also what actions lanlord can take if we leave the property wihout paying the rent

Customer:

consequences that we need to follow?

Alex Watts : He could pursue you in the county court
Customer:

what could be the possible outcomes?

Customer:

in the county court?

Alex Watts : yes possibly of you don't pay
Customer:

yes that i want to know what county court will do

Customer:

heavey penalty?

Alex Watts : It means you don't be able to get credit for 6 m
Alex Watts : years
Customer:

Ok thanks

Customer:

byee

Customer:

thanks for advice

Alex Watts : If I could invite you to rate my answer before you go
Alex Watts : If the system won't let you please do say
Customer:

Yes please

Alex Watts : If you need more help please click reply
Customer:

No right now i am happy with your replies

Customer:

Thank you so much for patient listening

Customer:

and providing feedback

Customer:

i want to rate

Customer:

i am not able to rate right now

Alex Watts : Great. If you could click on a happy face please
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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