Early Tenancy Termination Question

AdrianC

mrginge wrote: »

Indeed. But there is no obligation on the LL to do so.

There is a general legal obligation to take all reasonable steps to minimise losses before making a claim against a debtor.

In the instance where a tenant is requesting to terminate a tenancy early, and the landlord wishes to reclaim the losses arising, then mitigating those losses by finding another tenant would be so eminently reasonable as to be expected. If the landlord made no attempt to do so, then any claim they tried to take to court would be likely to fail.

mrginge

AdrianC wrote: »

There is a general legal obligation to take all reasonable steps to minimise losses before making a claim against a debtor.

In the instance where a tenant is requesting to terminate a tenancy early, and the landlord wishes to reclaim the losses arising, then mitigating those losses by finding another tenant would be so eminently reasonable as to be expected. If the landlord made no attempt to do so, then any claim they tried to take to court would be likely to fail.

As I said, there is no loss.

Cakeguts

It might be a cheaper just to pay the rent and council tax for the next two months rather than pay for advertising and credit checks on new tenants only to find that the first time they can move in is around the time that your tenancy agreement expires.

G_M

Cakeguts wrote: »

It might be a cheaper just to pay the rent and council tax for the next two months rather than pay for advertising and credit checks on new tenants only to find that the first time they can move in is around the time that your tenancy agreement expires.

Indeed.

Surrendering 2 months early?It will take 1 month to find new tenants and set up a new tenancy (at least). So you are talking about saving 1 month's rent. At most.

Add in the LL's cost of advertising, vetting, (& admin involved in tenant change-over?) etc and you might as well just let your curent tenancy run its course to the end.

SteveMelrose

Thanks for the advice all. Very much appreciated.

CIS

If they aren't able to find new tenants before our early termination date, we will be liable for rent and council tax until they do find new tenants, or our original tenancy agreement expires.

Possibly - it depends on the specifics of your tenancy. https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwjF78TK97jTAhWPblAKHXaeCpsQFgglMAA&url=http%3A%2F%2Flgfa92.co.uk%2Fliability-tenants-vacation-court-appeal-hearing%2F&usg=AFQjCNEZivxfWXxcXVN-TbJOnlrPTVERIA&sig2=xNyCqo2y7DWZ7nhgW2l7Tw

Craig