Break fixed term contract due to being victim of crime.

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  • Break fixed term contract due to being victim of crime.

    Hi,

    Was just wondering if anyone has any experience of this issue. An international student rents a property on a fixed term contract 4 months into it they are mugged and have valuables stolen. The police speak to them and tell them that the area is crime ridden and that they should if they do not want to victims again. The tenant then receives a letter from the local police again warning them of the area they live in.

    The tenant approaches landlord to move out the landlord says ok as long as they pay off remainder of contract, tenant cannot afford amount and feels landlord is being unreasonable.

    I guess the question is has anyone had experience of this? If goes to court will a judge accept crime as a reason for breaking a fixed term contract?

    Thanks

    Cookie29

  • #2
    No matter what T's personal circumstances/problems, these do not permit T to break contractual obligations.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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    • #3
      Originally posted by cookie29 View Post

      I guess the question is has anyone had experience of this? If goes to court will a judge accept crime as a reason for breaking a fixed term contract?
      No. Getting mugged isn't grounds for ending a tenancy agreement. The tenant is liable for rent to the end of the fixed term, or, if LL re-lets the property, up to the date of that new tenancy (because by re-letting, the LL would effectively be accepting a surrender of the old tenancy).

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