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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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I have just signed a 6 month tenancy and have not moved in

Resolved Question:

I have just signed a 6 month tenancy and have not moved in yet, is there anyway to get out of the tenancy, I have paid a deposit and the estate agents have stated that we are in contract for the 6 Months
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas replied 1 year ago.
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you.I am afraid it is not good news. I'm afraid you will be bound by the full term of the tenancy agreement unless the tenancy agreement has not been executed by the landlord or if there is a break clause in it entitling you terminate at a certain point during the term.The only other way that you could get out of the tenancy would be if the property is unfit for human habitation, which would also entitle you to terminate because it would a repudiatory breach which is a breach so serious that it goes to the root of the contract so as to deny you the whole or substantial whole of the benefit of the contract.However, landlords are generally under a duty to mitigate their loss which means that they should not unreasonably refuse a suitable replacement tenant and your focus now should be on finding one. Therefore you will remain liable for the rent until you find a replacement tenant. Frankly, I would forget about relying on the agents to find a replacement tenant because they act for themselves and the landlord. They don’t act for you. They are also unlikely to make a replacement tenant an emergency for them because they already have you on the hook and would likely show prospective tenants other properties which they have not yet rented. I am sorry. My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question. Kind regards,Tom
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