Leaving property early

[JeffW]

I have a 6 month assured shorthold tenancy agreement. If I leave early, will I be liable for the rent I would have paid had I stayed a full 6 months, or will I just have to pay the cost of finding another tenant (assuming, of course, that my landlord is able to find another tenant during my notice period)?

Thanks

Jeff

[MrShed]

If they can find another tenant, the latter. If not, the former.

[JeffW]

Thanks.

In order to claim money from me, would my landlord need to show that he had made a resonable effort to find another tenant?

Jeff

Originally Posted by MrShed

If they can find another tenant, the latter. If not, the former.

[MrShed]

Erm....there is some debate on this currently. I still feel that the landlord must attempt to mitigate his losses(in effect, exactly what you are saying). However, there is recent case law that is applicable that would imply that they do not. The safest current course of action is to assume that the landlord has NO obligation to mitigate losses.

[JeffW]

Thanks.

If I can argue successfully that the noise coming from the guy who lives upstairs (who is also my landlord's tenant) is interfering with my quiet enjoyment of the property, would a court consider this reasonable grounds for leaving early?

The problem is that I cannot prove that there is a problem with noise.

Jeff

Originally Posted by MrShed

Erm....there is some debate on this currently. I still feel that the landlord must attempt to mitigate his losses(in effect, exactly what you are saying). However, there is recent case law that is applicable that would imply that they do not. The safest current course of action is to assume that the landlord has NO obligation to mitigate losses.

[MrShed]

No, as the landlord is not responsible for this issue. Have you pursued all avenues available, such as contacting environmental health and the landlord regarding the noise issue?

[Aequitas]

Even if the landlord were responsible for the noise this would not be grounds for termination; a tenant's remedy is to sue for breach of covenant. In fact, a tenant can never unilaterally terminate a fixed term tenancy unless the agreement gives him the right to do so.