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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 2266
Experience:  Dual qualified Solicitor and Attorney
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I am a tenant. Got fixed term contract .contact started feb

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I am a tenant. Got fixed term contract .contact started feb 14 2019-end feb 2021We gave 3 month notice on sep 9th of dec
We supposed to be vacating on 8/12/2019Land lord is telling us we can’t just vacate by giving 3 month notice based on the contractual agreement clauseOn agreement page one saysOnce commenced the fixed term AST agreement cannot be cancelled and the tanant will be liable for full and to the complete of the tenancy period.Section 2:0F of the agreement as below.agreement can only terminated early by mutual agreement between the parties subject to clauses and conditions relating to suitable alternative tenant found.Landlord is telling me I can’t terminate unless otherwise I find an alternative tenant based on section 2:0F/ 18:13/7:2I will send you the pictures of 18:13 - 7:0-7:4Based on my agreement are we liable to find an alternative tenant + should give 3 months notice as well ?

Hi thank you for your message, no you do not need to provide an alternative tenant in essence, what clause 7 states is you can leave by giving 3 months notice but you cannot give the notice within the first 3 months of starting the contract. In this case you gave the 3 months notice after the first 3 months the tenancy an therefore can leave. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 7 days ago.
Then landlord is telling me I can’t vacate without his consent, he will tekes me to court if I leave , and I liable to fixed term rent until the terms end
Customer: replied 7 days ago.
Then why he Keep telling me based on 2:0F and 18:13 I can’t leave just by giving 3 moths notice

Hi thank you for your message, the terms of the lease clearly state you can leave giving 3 months notice. The other clause 18.13. refers to additional occupants not applicable here and giving notice in circumstances in which you are giving up the tenancy for another occupant that is not the case here. Clause 7 clearly states it is an exception to the end date applying in 2.0F. Therefore, you can leave he could try to bring court action if he wants but he will lose. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Jeremy Aldermartin and 3 other Law Specialists are ready to help you
Customer: replied 7 days ago.
Thank you ��

Glad I could help, take care.

Customer: replied 7 days ago.
Thank
You , your answer helps a lot

Glad I could help.

Customer: replied 6 days ago.
Hi Jeremy sorry to bother you again.. can you please look at 7:2 again let me know what’s that say. He sent an email high lighting boldly that part on it about alternative

Hi thank you for your message, 7.2 states that you will be responsible in paying costs reasonably incurred then the tenancy shall end. One of the expenses listed is in relation to permission by the landlord being granted which would appear to be a reference to clause 18.13 but 18.13 and the replacement tenant but you are not giving notice for another tenant to take over the tenancy you are just giving notice therefore any reference to expenses related to a replacement tenant or the landlords permission in that regard is not applicable. Furthermore, any ambiguity in relation to clauses shall be interpreted against the party seeking to rely on them in this case the landlord so again the position stands you can leave with 3 months notice and do not need permission to do so. Furthermore, there would be no point having a notice clause to end the tenancy early if you always need the landlords permission to end early because they could always agree to end any tenancy early notwithstanding any provision in the lease.

Customer: replied 6 days ago.
Ok thank you

Glad I could help.

Customer: replied 6 days ago.
My landlord refuseinng to collect the keys. In that case what I should do

Hi thank you for your message, you should have their address on the tenancy agreement or that of their agent if so post them back to them recorded delivery so you have evidence of receipt.

Customer: replied 6 days ago.
Thank you ��

Glad I could help, take care.

Customer: replied 5 days ago.
Hi jermy, j revived another email from my landlord. If I forward that will you be able to advice me on that

Hi yes, I can take a look but would you be able to post this as a new question so that I get credit for my time?

If you do post the question if you say FAO Jeremy then I can see you have posted.

Customer: replied 5 days ago.
Ok I will do that

Thank you.