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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71031
Experience:  Over 5 years in practice.
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i have a fixed term tenancy and want to end it early to move

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i have a fixed term tenancy and want to end it early to move in with my new partner. My landlord refuses to accept my notice but he has not protected my deposit. is my tenancy agreement void as he is in breach
Thank you for your question. My name is ***** ***** I will try to help with this.
No, its not void. You have a claim against him for three times the sum of the deposit if this is an AST as he has not protected the deposit although the reality is that you would only get the sum of the deposit.
In terms of accepting your notice, if this is an AST then you cannot just give notice. You are locked in until the end of the agreement.
If you are giving notice early then you are acting in breach but the landlord is under a duty to mitigate his loss by seeking another tenant and he will not get forever to acheive that so you would only be liable for one to two months.
Since you could always counter claim under the Localism Act for three times the sum of the deposit he may be well advised not to sue.
Can I clarify anything for you?
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