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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71051
Experience:  Over 5 years in practice.
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hi, a few months ago we signed a new fixed term extension of

Customer Question

hi, a few months ago we signed a new fixed term extension of 6 months with our landlord, however due to unforseen circumstances, we need to move out asap, and have given him 2 months notice. (we have to relaocte to another country due to my father being told he has cancer and only 2 months to live) can the landlord deny our 2 months notice and keep our deposit ??? as well as our extended fix month contract does note a break clause.
Submitted: 5 years ago.
Category: Property Law
Expert:  Remus2004 replied 5 years ago.
Thank your for your question. I will try to help with this.

What date exactly is the tenancy due to end?
Customer: replied 5 years ago.

due to end July 2013

Customer: replied 5 years ago.



please let me know your thoughts


Expert:  Remus2004 replied 5 years ago.
Sorry for the delay. I lost my connection.

I am sorry though but if your AST extends to July 2013 then you cannot lawfully leave. Whatever notice you give makes no difference unfortunately.

The landlord is under a duty to mitigate his loss by seeking another tenant and you could argue that if you told him two months ago that you were leaving then he has had time to do that but if he can show that he has looked and has been unable to replace you then you are liable.

Realistically though he would only get one month from the date that you have moved out to find a new tenant which would amount to the sum of your deposit probably but he is entitled to keep that.

If he agrees to you leaving or you can find a tenant to replace yourself upon leaving then you would be entitled to its return.

I am very sorry but I have to give you truthful information.
Customer: replied 5 years ago.
The question is we have a mutual break clause of 2 months in our lease agreement....does this not allow us to give2 months notice without any consequenses for us??? Weve been in the house for 18 months to date .

We signed the extended agreement one month ago...,extended for 6 months up to 18 June.

Do we not have a right due to the mutual break clause of 2 months, to give our landlord 2 months notice and get out of the contract ??
Expert:  Remus2004 replied 5 years ago.
Actually your original question did not say that you had a 2 month break clause and it would not be normal with an AST.

Normally an AST says that you have to give notice no less than 2 months before the end of your AST which doesn't seem to be what you have done.

If that is correct, then he can keep your deposit in the circumstances above Im afraid.
Customer: replied 5 years ago.
Our original lease was 12 months, then extended twice for a further 6 months extended agreement . Our original agreement states the 2 month mutual break clause and both extended 6 months agreements refers to the original 12 month agreement. Please advise our position.
Expert:  Remus2004 replied 5 years ago.

Well, its as I've said really.

I am sorry but I can't tell you that you can leave risk free.