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Landlord's implied acceptance of tenancy

hilaryjane_73 · 2015-01-10 12:45:39

We need to leave our tenancy 3 months before the end of our 12 month fixed term contract. The landlord will not accept mutual early surrender and we accept we are responsible for rent for the during the term. However, we need to go and are considering asking the letting agent to check us out and hand back the keys. I…

Comments

G_M Posts: 51,977 Forumite

10 January 2015 at 11:54PM

NewShadow wrote: »

To my understanding the landlord would have an obligation to minimise his losses and therefore would almost be obliged to try and sell or relet the tenancy (by holding viewings) if you abandoned it before pursuing you for any unpaid rent.

Your understanding is wrong.

Indeed, if the landlord relet the property before the tenancy had ended he'd be in big trouble - illegal eviction.

The tenancy can only be ended by

1) th tenant vacating on/before the expiry date of the fixed term
2) offer and acceptance of early surrender
3) an order of the court

If none of the above has occurred, the tenancy continues and the LL cannot relet

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