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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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Ive just lost my job and im in a 12 month tenacy agreement

Resolved Question:

Ive just lost my job and im in a 12 month tenacy agreement am I able to get out of it under the circumstances?
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.
Hi,
Thanks for your question.
If the tenancy is a residential tenancy which does not permit you to terminate it in these circumstances (unlikely) or if it does not have a normal break clause after 6 months then you will not be able to automatically terminate the tenancy unilaterally.
Your options are therefore:-
1. Find a replacement tenant to take over the tenancy for the remainder of the temr. You would have to be responsible for the landlord's fees in terms of checking the replacment tenant. If your landlord refuses a reasonable replacment tenant and you document this (do everything in write, by email/letter) then you can then attempt to terminate and inform the landlord that you will use the refusal of the tenant as a defence to a claim for the rent that your landlord issues against you. You would then have to fight it out at court but you would be fairly well placed to defend a claim.
2. Attempt to negotiate a surrender of tenancy with the landlord. This is a written document which states that you and the landlord mutually agree that the tenancy is terminated and no longer binding. A commercially minded landlord would charge a fee for this, so that they can attempt to effectively earn double rent if they are able to easily re-let the property (or think they will). However, a landlord is under no duty to actually consider a surrend or in being reaosnable in considering a proposal for surrender from you.
3. Hand back the keys to the tenancy. This would then put the ball in the landlord's court. If they are a private landlord who is timid and not likely to sue then you might get away with it. If they are switch on (As most tend to be) then they will commence an issue for the rent at county court. They would likely be successful in claiming the rent that would have been payable from the time you handed back the keys to the tim eat which they should have found a replacement tenant. This really is the option of last resort and I would initially focuse on options 1 and 2.
I am sorry, but there is no statutory right to terminate in these circumstances.
Kind regards,
Tom
Customer: replied 3 years ago.

The agreement does have a six month break clause does this help my cause?

Expert:  Thomas replied 3 years ago.
Hi,
Well, yes, in the sense that - in the worst case scenario - you can terminate at the 6 months break. I would look at the break clause and serve the required notice under it now in order to give yourself a back up option.
Then proceed with the above outlined options.
Tom
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