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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice.
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We are in rented property lease expiry date August 3rd. 2015.

Resolved Question:

We are in rented property lease expiry date August 3rd. 2015. We are wanting to move quickly on health grounds, but on asking the agents is they could find another tenant,the landlords said they wanted to sell the property, not relet. They have put the property on the market, and will not release us from our lease unless it is sold. They have not given us notice. Do we legally have to pay rent until the end of the lease? even if we move out.
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you question. My name is ***** ***** I will try to help with this.
What type of agreement is this please?
Customer: replied 2 years ago.

12 month lease. We have been here 3 years initially on a six month lease, then on annual ones

Expert:  Remus2004 replied 2 years ago.
Is it entitled assured shorthold tenancy agreement?
Customer: replied 2 years ago.

I assume so

Expert:  Remus2004 replied 2 years ago.
It is quite important. It would change everything.
Customer: replied 2 years ago.

Yes it is an assured shorthold tenancy

Expert:  Remus2004 replied 2 years ago.
Ok
Does it have a break clause at the sixth month point?
Customer: replied 2 years ago.

No

Expert:  Remus2004 replied 2 years ago.
That is not good news I'm afraid.
What is the health ground?
Customer: replied 2 years ago.

This flat has only one bedroom and is on the 2nd. floor. My husband uses breathing equipment at night, is very restless and noisy, making it very difficult to get any sleep. He also has COPD, heart disease, and very limited mobility. He has asthma, and chronic back pain. I am his full time carer.We need to move to a ground floor flat with 2 bedrooms.

We have letters from the medics stating the same.

Expert:  Remus2004 replied 2 years ago.
Ok. Thanks.
I just need 20 mins to type up an answer if that is OK?
Customer: replied 2 years ago.

Thankyou

Expert:  Remus2004 replied 2 years ago.
Thanks.
Unfortunately you are locked into an AST with no break clause. There is no right to cancel therefore.
You could try to argue the health issue. You do though seem to be describing a property that is just not suitable needs rather than one that is causing the health problem per se which is largely what the escape route is for.
If you do cancel without authority though then he is under a duty to mitigate his loss by making efforts to remarket this property. That does not mean necessarily reletting though. He is perfectly free to sell the property. What he should not do though is deliberately elongate your liability. In fairness, it doesn't take that long to sell a property and if it does not sell quickly then he can always let it until it does. He should make efforts either to sell quickly or to let the property to another tenant while a buyer is sought.
To be wholly honest, he would probably only get to deduct your deposit rather than pursuing you months. There is a risk you could be liable but he would have to prove that he had tried to find replacements and could not which is hard to do.
Sorry if that is bad news.
Can I clarify anything ?
Jo
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