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Question Title: Early termination by tenant
| Question: 170 |
| What can I do if a tenant gives me notice when they are only two months into a six-month fixed term tenancy?
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| Answer: |
| If there is no break clause, then both parties have to agree to the surrender in order to terminate. If the landlord does not agree then the tenant remains liable for the rent for the remainder of the fixed term. It had been thought that the landlord had to attempt to mitigate his loss and seek to relet the property. He could then claim for the period that the property remained empty and for any expenses incurred in the reletting. Some doubt has been cast on this requirement by a recent decision in the Court of Appeal where a landlord was able to rely on the commitment of a fixed term lease. Landlords should exercise care in relying on this decision. [see Reichman v Beveridge [2006] EWCA Civ 1659]
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References:
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Pages:
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Hyperlinks:
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Letting Handbook |
Chapter 12 |
letting-handbook-and-factsheets.html
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For more information, discuss on the Forum
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Possession Issues