Question about ASTs

rl290

Quick question: a 12 month AST is coming to an end in November. The contract gives no details of ways for the tenant to exit the contract early (e.g. giving 2 months notice during the last 6 months of the contract). Are there any ways for the tenant to (legally!) exit to contract?

Thanks in advance!
R

real1314

Unless I'm missing something, you've answered your own question immediately before posing it.

SquatNow

You can give notice at any time that you will leave at the end of november.

That's it really in terms of entitlement.

But you could always negotiate with the landlord... I'm sure if you found a tennant willing to move in sooner you could come to a deal.

If it's through a letting agent then they'll be more than willing to do a deal if you get the replacement tennant... means more rip-off fees for them with no work.

Everything is open to negotiation. Rent. Food. Even tax. Give the labour party enough money, they'll change the tax laws for you.

PasturesNew

If it is an AST then you don't have to give notice. You could simply leave on that last date.

However, it's only polite to give as much notice as possible.

If the landlord wants you to get out, they would have to give you the 2 months' notice on/before the rent day 2 months before the end date (so in October).

If you want to leave early, you are responsible for the rent right up to the last day. However, the landlord has a duty to try to fill it with a new tenant as soon as possible and then you'd be responsible for his costs in doing so and rent up to the date the new tenant starts/moves in. And really the landlord doesn't have much incentive to fill your flat if you leave early (e.g. if they have another flat they're advertising, they will be more interested in getting that filled first as your rent is still coming in).

tbs624

PasturesNew wrote: »

If you want to leave early, you are responsible for the rent right up to the last day. However, the landlord has a duty to try to fill it with a new tenant as soon as possible and then you'd be responsible for his costs in doing so and rent up to the date the new tenant starts/moves in. And really the landlord doesn't have much incentive to fill your flat if you leave early (e.g. if they have another flat they're advertising, they will be more interested in getting that filled first as your rent is still coming in).

And TBH is it fair to expect them to if the Tenant is reneging on the Contract Terms? If it happened the other way around, the tenants would probably be infuriated (rightly) and want compensation. A recent case(albeit a commercial tenancy) has held that a LL does not have a "duty to mitigate" when a tenant seeks an early exit from a contract, although many LLs are open to negotiation, especially if it's due to employment moves.

rl290

Thanks all. Fully agree that reneging on the contract (both through common sense and moral decency) appears wrong, but just wanted to check that no legal provisions regarding exiting ASTs existed that would supersede the contract.

Thanks again

teeni

Your initial post states that there is no way for the tenant to exit early does this mean that there are terms that allow the landlord to exit early if so this could be an unfair contract and help to open up discussions.

otherwize you have to either stay or pay for the ful term As someone else stated the contract is binding on both sides.