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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71057
Experience:  Over 5 years in practice
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Hi, I have signed an assured tenancy agreement for a

Customer Question

I have signed an assured tenancy agreement for a period of one year which commenced on the 12th August 2013. I paid 6 months rent in advance and agreed to pay a further 6 months in advance on February 11th 2014.

The apartment location is proving wholly unacceptable. The road at the front of the house seems to be a cut through from the main road and is rather like living on the circuit of a race track. Numerous HG vehicles access this road and at times it becomes like a lorry park added to which on the corner facing the apartment is a large post office sorting office which starts working very early and the banging and rattling of trolleys loading and unloading P.O. vehicles is very noisy and combined with heavy traffic is unacceptable to me. I am retired and at home during the day which is perhaps why I find this situation a major problem.

I had one condition added to the lease which stated that 2nd 6 months rent to be paid upfront if all is well during first 6 months. Do you think there is any chance that I can end this tenancy after the first 6 months.

Thank you for your time......XXXXX XXXXX
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

Is there a break clause within the contract?
Customer: replied 4 years ago.

For Jo C.


No break clause

Expert:  Jo C. replied 4 years ago.
I am sorry but its bad news although the liability may not be as bad as you think.

I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

Unfortunately ASTs are very hard to escape. You pretty much have to show that the property is gutted by fire damage or flooding and so you cannot live in it. Another acceptable reason would be that a person's life is in immediate danger like a gas leak.

I'm afraid that things like change of circumstances of the tenant or the fact that the premises is not salubrious is not sufficient.

You could try to negotiate with the landlord. Sometimes they will agree to allow tenants to leave as its in their interests too on occasions.

If that is not possible here then I'm afraid you will be acting unlawfully if you leave early. However the landlord is under a duty to mitigate his loss by seeking a replacement tenant and he will not get forever to achieve that. Realistically, if a landlord is really trying, most properties can be let to another tenant comfortably within a month. You will only be liable up until the time that the landlord is able to replace you which will be nothing like the remaining months due under the contract.

Of course, there is a risk that the landlord will not be able to find a replacement. If so, the Court will ask him to prove that he has looked for a replacement. If he is able to do so to the Court's satisfaction then you would be liable for that period but that is very unlikely.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please let me know if you need more information

Customer: replied 4 years ago.

For Jo C.


Thank you your reply unfortunately it is as expected.


If I try and negotiate now and give notice for the end of January,( but would be prepared to stay until he finds another tenant), would a landlord normally go to court under these circumstances as he has 3 months to find a new tenant.

Expert:  Jo C. replied 4 years ago.
It depends on the landlord. Obviously some are reasonable and some are not.

It would be a bit pointless to go to court as he does have time to replace you though.