3rd Year of Assured Shorthold Tenancy - can he get out?

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  • 3rd Year of Assured Shorthold Tenancy - can he get out?

    A friend of mine needs some help and has asked me (great) as I am a IT Contract Manager for a large IT organisation!

    I have read the AST contract and it looks like they can not get out of the agreement. However, having spent the last two-hours on this site and now I'm not so sure, I wonder if you could help out.

    Essentially the story is:

    Moved into property on Sept 2002 joint and several arrangement agreement with 3 tenants and landlord.

    The last agreement for the same property (13 pages) has an “initial term” of 12 months from 01 Oct 2005 to 30 Sept 2006.

    My friend wants to get out due to economic reasons and the other tenants will also be moving with him.

    I can’t see anyway out of this due to signing a new agreement for another 12 months.

    Any ideas or advice on this?

    Regards

    ANDREW

  • #2
    If they signed a new agreement then the old one is obsolete. You can't have two contracts running at the same time.

    If the new one runs for twelve months without a break clause until September 2006 then the only way out is to negotiate leaving early and finding replacement tenants and being liable for rent until satisfactory (to the landlord) tenants have moved out.

    They have signed a legal document and in the same way that the landlord can't just get rid of them because his finances have changed, the tenant can't just walk away without penalty.

    Negotiate though, I'm sure the landlord won't mind as long as suitable tenants are found.

    Comment


    • #3
      Dear Attilathelandlord

      Thank you. I thought as much!

      My only thought was that they were in the same property for over two years BUT the contract were renewed each year without any termination. The Landlord will not move on this!!!

      Thank you for your response.

      Regards

      ANDREW

      Comment


      • #4
        Isn't there a notice period clause in the contract?

        You can always call the Shelter helpline. They can give you advice.

        Comment


        • #5
          Blonde Moment!

          Originally posted by Blonde
          Isn't there a notice period clause in the contract? Why should there be? During the fixed term it's unnecessary because it wouldn't apply, and if and when it becomes periodic it's covered by statute!

          You can always call the Shelter helpline. They can give you advice.
          Best not to offer advice when you don't know what you're on about (patronising I know, but accurate!)
          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

          Comment

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