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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49801
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Property lawyer My Tenants have handed in their notice

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property lawyer My Tenants have handed in their notice breaking their agreement early - i live abroad and they handed their notice in the day i left the uk ( i also live in Egypt so cannot easily get a flight back to the uk right now!) i have accepted
their notice without problems life happens! but i am interested in the legal position - could i make them see out their tenancy i have a normal 1 year tenancy agreement thankyou
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. How early did they break their tenancy?
Customer: replied 2 years ago.
Hi they signed in April 2015 for 1 year so 5 months early
If you had a fixed-term tenancy and the tenants decided to end it before the expiry of the fixed term, then they would be acting in breach. If they wanted to terminate earl then they can only do so if there was a break clause or you had given your consent. If neither of these applied and you wanted to hold then to the full length of the tenancy you could do so and continue charging them rent for the remainder of the term. Of course, that may not be easy if they were paying by standing order and just cancelled it so if that happens you could go to court to pursue them for what they owe you. However, you also have a duty to try and minimise your losses so there would be an expectation on you to try and find new tenants. If you manage to do that and they move in before the old tenant’s term runs out, it is unlikely you would be able to pursue the old ones for the remainder of the rent and you can only really try and pursue them for the period where the property was unoccupied because of what they did. Of course, if you are struggling to find new tenants and as it happens the property remains unoccupied for the whole term of the previous tenants, you could hold them liable to pay rent for the whole period. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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