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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71153
Experience:  Over 5 years in practice.
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We are in a 12 month fixed term tenancy which ends in October.

Customer Question

We are in a 12 month fixed term tenancy which ends in October. Our landlord has agreed to terminate our tenancy early as we have now purchased a house which we are moving into in August. Will we still be liable for the rent until they re-let or our fixed term is up even though they have agreed to end it earlier? They have been trying to sell the house rather then re-let it so they haven't had any potential new tenants interested yet so we are worrying we will be liable for the rent if they don't find any new tenants.
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What offer have they made to you?
Have they agreed to release you without liability?
Customer: replied 2 years ago.
They have said that we need to pay a re-let fee but if they sell the house instead we will not be liable for that fee.
They did mention to us that we would be expected to carry on the rent payments until the property is re-let but as they haven't be advertising it as a to let property will we still be liable? Also a couple of the jobs that were agreed to be done before we moved in weren't carried out. They have also sent us a termination email saying we have nothing further to pay and then sent another the following day saying we were to carry on paying the rent until it is re-let
Expert:  Remus2004 replied 2 years ago.
When should your contract end?
Customer: replied 2 years ago.
Expert:  Remus2004 replied 2 years ago.
Ok. No way around that then.
You are locked into a contract until October and the starting point is that you are liable up until the end.
However, they cannot have this both ways. They can't charge a reset fee. They would have to reset in October anyway and also they are not reletting.
They are under a duty to mitigate their loss by seeking a replacement. Of they wish to sell then they can do that but they cannot just leave the house sitting empty at your expense. Usually landlords get one to two months rent from a departing tenant before a court will say that they have failed to mitigate and the tenant is not liable.
Similarly the advertising fee cannot be claimed from you. You are not liable for his advertising costs.
Can I ckarify anything for you?