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LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 818
Experience:  Solicitor with over 15 years experience.
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would like to know what my legal right are on ending my lease

Customer Question

would like to know what my legal right are on ending my lease early on my flat because my tier 2 visa was not renewed?
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

Hello I am a solicitor with 20 years experience. I will try to answer your question.

JACUSTOMER-2zd4lcwz- : Hello

If you have a tenancy you are in a contract situation that you can not legally break. Yuor own personal difficulties are irrelevant as far as contract law is concerned. AM I right in thinking you will have to leave the country soon, in any event before the end of the tenancy. How early will you need to end the tenancy and what is your rent?

JACUSTOMER-2zd4lcwz- : 3 months early . And rent is 1300.00 per week.
JACUSTOMER-2zd4lcwz- : But there's also a problem with heat in the flat none of bedrooms get heat or the kitchen this has been an ongoing problem from last year?

OK, technically you will be in breach of contract but the landlord has a duty to minimise his loss. If you give him reasonable notice then with luck he will be able to find a new tenant to take over from you and incur no losses, He only has a right to claim compensation if he suffers a financial loss. If he has not yet started marketing it then this may well damage his claim as he is not trying to mitigate his loss.


If the heating system was not working and you had given the landlord notice of this then you will have a counterclaim to set against his for rent not in the final 3 months. Your counterclaim will be for less than the rent and will only set off a small amount of the rent.


If you are moving abroad it may well be that the landlord decides it is not worth pursuing any claim against you. So legally you may have a liability but practically your landlord may find it hard to take action against you.

JACUSTOMER-2zd4lcwz- : Ok my question is .I have given the a letter in writing in sept.And this far I have not heard back from the owner or the listing agency.i have made several calls and was told that the owner has not gotten back to them .how do I move forward with him listing the propert so I'm not liable for the rent?

Have you told him when you are going? Unless he agrees to waive the last 3 months rent then you will have the choice of paying him it all, negotiating a lesser payment or not paying any more and seeing what he does. I have discussed his options above.

JACUSTOMER-2zd4lcwz- : Yes I have told them in writing in sept.per my contract it said that they would list it to show if I needed to get out of my contract early but they say they have not heard back from owner who need to tell them what he want to list the property at. My question is by law if I followed all the steps why am I still responsible because they would be able to find a rental ?

You can't make him do anything you can either pay up (all or part) or leave and see what he does, hoping he will do nothing. If the landlord won't engage then these are your only options

JACUSTOMER-2zd4lcwz- : I am American moving back home and let them know about this in sept. And told them I was flexible on my out date if they. Found someone to rent and still they have not list the flat.

There isn't much more I can add there is some uncertainty in your position unless and until the landlord gets involved.

JACUSTOMER-2zd4lcwz- : Thank you for your help . Cecile

I would be grateful if you would please rate my service as I can not get credit for my answers if you do not do so.