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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71153
Experience:  Over 5 years in practice
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My husband and I had to rent a bungalow due to him being on

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My husband and I had to rent a bungalow due to him being on permanent oxygen we were paying £600 per month. My husband sadly passed away 4 months into a 12 month tenancy and I cannot afford to stay there and asked the landlady if she would release me from the tenancy. she has refused as she has to pay a mortgage on the property she lives in, in Devon. I want to know if there is anything I can do as the property was empty before I took it on for a 12month and can't how she can be so insensitive. and still want's me to pay the rent until April 2015.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you locked into under the AST ?
Is there a break clause?
Customer: replied 3 years ago.


So you are locked in?
There isn't a break clause?
Customer: replied 3 years ago.

no Ive read the contract and there's no get out clause

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
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

how can they expect me to pay £6oo and not be able live as I will not be receiving the money

Customer: replied 3 years ago.

what does AST stand for

assured short hold tenancy agreement.
I'm afraid that how you find the money is not their problem. I am sorry but the law does not allow you to visit your misfortunes upon to them.
Customer: replied 3 years ago.

Thank you for your reply. No sadly it's not what I wanted to hear but a little compaction would help.

Thank you Mrs Armor

Yes, I understand but the law doesn't provide for that I'm afraid.