leaving a 12 month contract early

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    leaving a 12 month contract early

    If a 12 month ast has been signed, and after 4 months the tenant decied they wish to move, because of problems, which have been slow in being sorted but are done now, can the landlord hold them to the full 12 months?

    If the tenant is within the AST, the LL must accept notice to leave but can reasonably charge the tenant rent until a replacement tenant is found, also the cost of find said replacement.


      The LL must try to find a replacement though, he can't just sit there hoping someone might knock at the door some day.


        Assuming there are no break clauses within the contract and the fixed term is for 12 months, the landlord does not have to accept notice from the tenants in the same way that the tenants don't have to get out just because the landlord changes his/her mind and wants them out.

        However, in the real world, if a tenant really wants to go, be assured they will, with or without the landlord's permission.

        If the landlord accepts notice, then the contract will be deemed to have been determined and the landlord will not be able to claim any rent for the remainder of the contract.

        If the landlord accepts notice "without prejudice" (put this in writing) then the contract is not deemed to be determined and the tenants will have to pay rent. But the landlord will have to mitigate his/her losses so don't expect a court, in the light of action, to award the full whack of rent if no attempt is made to relet the property.


          thanks all


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