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ending a fixed term tenancy

Started by jbeau, September 22, 2017, 10:07:42 AM

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jbeau

I understand that this could be done if there is a break clause in the agreement. Looking at the tenancy agreement there is nothing under this heading. "Payments on Disclaimer" talk about re-letting the property. Is this about the tenant going bankrupt??? Am i right in thinking this is nothing to do with a break clause?
my daughtersigned the agreement to study at uni. but was too unwell to start the course, hence we are left with 10 mths of rent to pay. Any advice welcome.

theangrylandlord

#1
Be wary of advice from a forum.  Always do your own research.

Payment on Disclaimer: this applies to the bankruptcy of the tenant. Section 16 of the Landlord & Tenant (Covenant) Act 1995 allows the landlord to require the guarantor, to take a new lease in the event that the tenancy is disclaimed by the Tenant's trustee in bankruptcy.
Without reading the lease I cannot be exactly sure what the context is of the Payment on Disclaimer term in the contract.

You need to talk to the landlord and see if he can re-let the property.  He has a common law duty to mitigate losses and must take reasonable steps to try and relet the property.

If you can find an alternate tenant the your case is even stronger.

Your other option is to sublet the property to mitigate your losses (although you cannot let longer than your current tenancy agreement).

Your other option is for your Daughter to not pay and declare herself bankrupt (long drawn out processes and not the best start in life).

Best of luck.

jbeau

Thanks for your advice.  Bankruptcy is out of the question, but will probably have to absorb this as the guarantor - ah well


heavykarma

Have you explained the situation to the landlord? When I have been asked a few times I have agreed to put the place back on the market,provided rent is paid until the new lease is signed,and I am reimbursed by the tenant for the agents's fees etc.for reletting.

You can't demand this,but I am sure if you are polite in your approach you stand a good chance of resolving matters.Do at least try.Hope your daughter is improving.Good Luck.