How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71129
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I have just had to terminate an 12 month fixed term tenancy

This answer was rated:
★ ★ ★ ★ ★

I have just had to terminate an 12 month fixed term tenancy as I lost my job.
I been in the property for 4 months so served 1 months notice.
The landlord has my deposit; which equates to 6 weeks rent.
The landlord has advised that as it is a fixed term tenancy, I will still be liable for rent until they find a replacement tenant; this could in the worst case scenario equate to circa 10,000 Euro which I will be unable to pay especially now that I am not working.
Can the landlord really hold me liable for rent that I am unable to pay?
Thanks
Sonya
Jo C.
Is there a break clause?
Ask Your Own Law Question
Customer: replied 2 years ago.
No...sadly not!
That is a shame.He is right I'm afraid. You are liable until he replaces you.However, he is under a duty to mitigate his loss by seeking a replacement and he will not get forever to do that.
Ask Your Own Law Question
Generally speaking a court will consider that one month is adequate to secure a new tenant. If they take any longer than that then a court will usually say that they have not mitigated properly and you are not liable for that.
Ask Your Own Law Question
6 weeks is perfectly long enough to replace you.Can I clarify anything for you?Jo
Ask Your Own Law Question
Customer: replied 2 years ago.
Jo, thanks for alleviating my concerns.
Sonya
No problem and all the best. Please remember to rate my answer. Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.
Jo C. and other Law Specialists are ready to help you
Ask your own question now