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Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 7258
Experience:  Solicitor
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We recently had to end out lease on our flat earlier than

Customer Question

Hello. We recently had to end out lease on our flat earlier than expected. There have been new tenants found, but the weekly rate is now 80 pounds lower due to a 'soft market' in London. Now the leasing agent is demanding that we pay the difference for the remainder of our lease period. Are we legally obliged to pay this? It is NOT in our original contract.
Submitted: 8 months ago.
Category: Property Law
Expert:  Jamie-Law replied 8 months ago.

Hello my name is ***** ***** I will help you with this.

What does your contract say about termination?

Customer: replied 8 months ago.
The Tenancy Agreement is pretty standard - It's the letter they drafted when we gave notice that had the clause.
Expert:  Jamie-Law replied 8 months ago.

It’s 35 pages long. Just tell me what it says about termination please.

Customer: replied 8 months ago.
I thought solicitors relished in a great volume of words ;)"(v) If the tenant wishes to end the tenancy prior to or upon the fixed term expiring, then the Tenant
may give the Landlord no less than two calendar months' notice in writing stating that s/he wishes to
leave the property, such notice to be served on the Landlord by first class post and to expire on a
day immediately preceding the day on which the tenant is required to pay rent, and be served
following not less than ten consecutive months’ possession on his/her part resulting thereby in a
minimum tenancy term of twelve months."
Expert:  Jamie-Law replied 8 months ago.

Does it say anything about getting out early?

Customer: replied 8 months ago.
Nothing really."That the tenant may terminate this agreement by giving the landlord no less than two calendar
month's notice in writing to be served in person or sent by 1st class mail stating that he/she
wishes to vacate the property, provided always that such notice can only expire at the end of
the fixed term of this tenancy, the 20th February 2018."
Customer: replied 8 months ago.
Only in the 'termination letter' did the language say - "In the unlikely event that we were unable to achieve either the level of rent you are currently paying or a higher amount, you would be expected to pay the difference from the commencement of a new tenancy, up to the end date of your tenancy or to the point at which there was a legitimate break in your tenancy (this would not be agreed without your consent)."
Expert:  Jamie-Law replied 8 months ago.

Technically you are liable. That is because you are being released early when the landlord does not need to let you. The landlord could have refused.

Therefore as a matter of contract you would be liable for the rent different, but only to the extent of the period you would have remaining.

If the rent is subsequently increased through rent reviewes etc, then you would not have to pay it,

But yes, as a matter of contract, you are liable.

I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest.

Can I clairfy anything for you about this today please?

Expert:  Jamie-Law replied 7 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 stars before you leave today.

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