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Ask Ash Your Own Question
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I need to move out of my flat prior to my break clause in my

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I need to move out of my flat prior to my break clause in my contract being applicable. I gave a month's notice as required by the contract but am struggling to find somebody to take over my part of the tenancy. Upon receipt of my notice to request a name change on the tenancy agreement, however, the landlord has expressed his wish to surrender the current contract altogether and increase the rent and make changes to the terms of the original contract - is this still just a name change or does this release me from the terms of the original contract?
Alex Watts : Hello my name is ***** ***** I will help you with it.
Alex Watts : Does the landlord want to actually cancel your contract please?

After receiving my notice to vacate and change names we were told that the contract wiuld be surrendered and a new one signed


The new tenancy would then start from 1st oct


I asked the agent about this and was told that it is only possible for the landlord to change the terms because I'm requesting a name change but to me, if the original contract is being surrendered in favour of a new one, then I should no longer be liable and should also be in a position to get my portion of the deposit back

Customer: You haven't really answered my question as yet so I can't rate the answer
Alex Watts : Yes don't rate yet.
Alex Watts : how much is left on the term?
Customer: At the end of sept only 3 months would be complete, so 9 months
Alex Watts : Ok let me give this some thought
Alex Watts : I have considered this. If the landlord is accepting surrender and the tenancy end then you are not liable.
Alex Watts : this is because the tenancy is at an end.
Alex Watts : Either the tenancy continues and you are liable or they get a new tenant in
Alex Watts : But if the tenancy is surrendered you can't be liable.
Alex Watts : The tenancy ends and your liability ceases.
Alex Watts : Can I clarify anything for you about this today please?
Customer: So essentially I can only leave without liability if the landlord agrees to surrender the contract in favour of a new one? He will only agree to this on the basis that there is somebody to take my place, otherwise the original contract would still stand presumably, regardless of my giving notice of my intention to vacate.
Customer: So if I were to walk away with no-one to take over in a couple of weeks, would I be in breach of contract regardless of my giving notice because it is prior to my break clause of 6 months being applicable?
Alex Watts : Yes if he agree to the surrender there is no liability.
Alex Watts : tehncially if the landlord does not accept surrender you would be subject to the rents up to the break period.
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