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Lawry, Solicitor
Category: Law
Satisfied Customers: 581
Experience:  Expert
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We have a UK fixed term tenancy agreement ( started March

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Hello, We have a UK fixed term tenancy agreement ( started March 2021 and renewed March 2022) which expires at the end of March 2023.
However, I was made redundant in March 2022 and have been offered a job overseas and we wish to cancel the tenancy agreement early. The Landlord is not keen to do this but we cannot afford to pay the rent overseas and also in our current property.
I have noticed that the original Gas Safety Certificate carried out in March 2021 has expired and a new one was not done in March 2022, so currently there is no Gas Safelty Certificate. It is now August 2022.
Could we use this as breach of contract to give notice? Many thanks
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: Not yet, we live in UK but are moving overseas soon
JA: What steps have you taken so far?
Customer: only spoken with Landlord on phone
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don't think so. Thasnks

My name is ***** ***** I will try and help you today.

Unfortunately, you can only end a fixed term tenancy early if you either use a break clause in your contract if there is one or negotiate a surrender with your landlord.

If not you remain responsible for the rent until March 2023 unless you can find an alternative acceptable replacement tenant.

As to the issue of the Gas Safety Certificate, failure to comply with the Gas Safety Regulations is a serious offence.

Being unable to provide a gas safety record is a criminal offence and landlords can be liable for unlimited fines and/or six months of imprisonment.

This is also classed as a hazardous situation and landlords can be subject to enforcement actions, such as prohibition or improvement notices or even emergency remedial action by the local authority.

Under the Deregulation Act 2015, all landlords of assured shorthold tenancies on properties where there is gas, must provide their tenants with a valid gas safety record before the tenancy begins and failure to do so means the landlord is unable to serve a Section 21 notice.

If your landlord refuses to provide you with this, you should contact your local authority and let them know.

You can certainly use this as a bargaining ;to get the landlord to agree to a surrender of the tenancy but it is not necessarily a breach of contract unless you argue it interferes with your peaceful enjoyment of the property and puts you at risk.

For further advice you can contact Shelter on 0808(###) ###-####

I hope this helps and I am happy to answer ask any further questions.

Customer: replied 5 days ago.
Thank you for your swift reply. If we wanted to use the lack of Gas Safety Certificate as leverage, how strict is the fine for the Landlord? ie. is it something they would be given the opportunity to rectify or is it considered too serious and would be fined immediately? That way we can use that to calculate the "buy out" fee. Many thanks
They would probably be given the opportunity to rectify the breach however there would be a fine for the historic lack of a certificate. 

I believe the mere threat should help concentrate the landlord's mind and put you in a strong bargaining position.

Lawry and other Law Specialists are ready to help you
Customer: replied 5 days ago.
Ok that's great. Thank for your help.

You are most welcome.

Best of luck!