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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69368
Experience:  Over 5 years in practice.
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Is it possible to terminate a tenancy one year fixed contract

Customer Question

Is it possible to terminate a tenancy one year fixed contract after 6 month from the tenant side?
Submitted: 7 months ago.
Category: Property Law
Expert:  Remus2004 replied 7 months ago.
Is this an assured shorthold tenancy agreement?
Customer: replied 7 months ago.
Yes
Expert:  Remus2004 replied 7 months ago.
Does it have a break clause?
Customer: replied 7 months ago.
Can I send you the contract cause I am a bit confused?
Expert:  Remus2004 replied 7 months ago.
I am sorry but I won't be able to examine a contract. It will also take ages to get to me.It should be a simple matter to check whether there is a break clause? What does it say about termination?
Customer: replied 7 months ago.
If the tenant vacates the property prior to the end of the term, the remaining period of the term being unexpired term the tenant will remain liable to pay rent until the end of term
Expert:  Remus2004 replied 7 months ago.
Ok. Then there isn't a break clause.What is the reason for wishing to escape?
Customer: replied 7 months ago.
Very bad maintenance, furniture and appliances are either poorly working or too old and not comfortable, the heating system either not working in the whole building in the cold days or too hot and cannot switch it off in the past warm days, the landlord is giving me really hard time to repair anything it took 5 months to repair the shower and the fridge which I discovered it is not working the first two days of the agreement!!
Expert:  Remus2004 replied 7 months ago.
For how long was the heating not working and when?
Customer: replied 6 months ago.
It is problem in the whole building boiler, and the building managing person told us they are going to replace it next September
Expert:  Remus2004 replied 6 months ago.
Ok. When did it start?
Customer: replied 6 months ago.
Like 2 months ago
Expert:  Remus2004 replied 6 months ago.
Sorry for the delay. This completely dropped off my question list. The short answer is that you are locked into the contract. There is no break clause and no way around it. The fact that there are disrepair issues do not allow you to escape although they do give you a claim for disrepair against the landlord. It is really hard to escape an AST. You have to show that the house is literally uninhabitable which has been defined by caselaw to mean something like flooded or gutted by fire damage. Even infestation is not adequate. However, if you want to leave earlier than the AST allows then the law does say that the landlord has a duty to mitigate his loss by seeking a replacement. Usually he is not granted forever to achieve that unless he can prove that he has looked and cannot and he will not get away with using the disrepair of the property to deter tenants. Generally speaking, tenants are only liable for one month or two at the most. Equally he may agree to you leaving as he will not want you to pursue a disrepair claim against him. Can I clarify anything for you? Jo

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