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It is for 12 months
Hello. It began 1 July 2013.
It began 1 July 2013
Thanks very much. Just to clarify, does this mean the onky way to end the tenancy agreement would be with the landlord's agreement and by signing a Deed of Surrender? Basically we cannot give notice until we nesr the end of the 12 month fixed term?
Hello again and thanks for getting back to me.
I am still slightly confused as I do not fully understand the terminology of the clause. I had understood that if we give notice to the landlord we would not be able to get out of the AST Tenancy Agreement - i.e. we are not in a position to give notice if the notice expires during the fixed term of 12 months.
For example, if we give the landlord 30 days notice from today, 1 August, this notice would expire at the end of the month, which is still within our 12 month fixed term of the AST agreement. Is this possible? Or are we legally required to pay rent and other costs as agreed in the tenancy agreement?
Thanks and I do apologise that I am not understanding!
Basically my husband and I signed a 12 month AST tenancy agreement which began on 1 July 2013 and the fixed term is at the end of June 2014.
We have recently discovered our daughter has a serious vision issue and for these reasons are leaving the area to be closer to better medical care.
Ideally we would give the landlord notice and pay rent to the end of that period. However, I am unclear as to whether we are actually able to do that given the working of the clause:
At any time this Agreement (or any tenancy continuing by virtue of the provisions of the Housing Act 1988 or any act amending or replacing the same ("the 1988 Act")) may be terminated either by the Tenant by service on the Landlord of not less than one month's notice in writing or by the Landlord's service on the Tenant of written notice of not less duration than as may be the minimum required for the time being in accordance with the 1988 Act PROVIDED THAT such Notice shall not in any event expire before the end of the Term and in the event of the Tenant not vacating on expiry of the Notice then it is HEREBY AGREED that the Tenant shall pay to the Landlord the increased rent as specified in paragraph 10 of the Particulars from the date of expiry of the Notice until such time as the Premises are handed back to the landlord.
We don't want to be responsible for rent, etc. after leaving the property, so if it is not possible for us to give notice, we would then I think be seeking to come to a mutual surrender agreement with the landlord.
I hope this helps. Let me know if I can give you any further information.
If he does not want to find a new tenant or is slow to do so or offers different terms - e.g. higher rent, he will be limited to demanding rent from you for no more than a period that would be reasonable to expect him to take to find a new tenant. Alternatively you could agree a fixed compensation proposal. The landlord cannot refuse to do anything at all or he will find that he is limited in the amount of continuing rent he can attempt to recover as above. Equally there is nothing stopping you advertising for a new tenant to replace you yourself. The landlord is bound to accept a new tenant unless he can show they are unsuitable - e.g. cannot afford the rent
4-8 weeks is normally sufficient time to find a new tenant in a buoyant rental market as we are presently experiencing and the landlord would likely be limited to roughly this period give or take in terms of rent he can demand if you wish to leave early.
Does the above answer all your questions or is there anything I can clarify or help with any further?