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    5 of us are under a AST agreement for a 12 month fixed term lasting until august, but we now need to get out of it in June/July. I've read the contract and it seems there's no break clause so we can't simply give notice. We've spoken to the landlord and we're both now looking for new tenants to take the house one from July, but I was just thinking of what would happen if we couldn't find anyone:

    On the contract, the start date of the term has been left blank since we agreed to take the house beginning last july, but we wouldn't have been living there for the summer months so the landlord said he could extend the tenancy of the previous tenants until the end of august to save us a bit of money, and said to just fill in the contract bar the start date. (A bit silly in hindsight.)

    I was wondering if this affected the validity of the contract?
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    I don't really know what I'm talking about, but it doesn't sound to me like you would be able to get out of it until August if you didn't find any tenants. Best thing is to try and find tenants to take the house from July.
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    Go and speak to your student union advice centre.
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    (Original post by em12)
    5 of us are under a AST agreement for a 12 month fixed term lasting until august, but we now need to get out of it in June/July. I've read the contract and it seems there's no break clause so we can't simply give notice. We've spoken to the landlord and we're both now looking for new tenants to take the house one from July, but I was just thinking of what would happen if we couldn't find anyone:

    On the contract, the start date of the term has been left blank since we agreed to take the house beginning last july, but we wouldn't have been living there for the summer months so the landlord said he could extend the tenancy of the previous tenants until the end of august to save us a bit of money, and said to just fill in the contract bar the start date. (A bit silly in hindsight.)

    I was wondering if this affected the validity of the contract?
    The absence of the commencement date in the contract won't affect its validity. It's pretty clear that the commencement date will be regarded as the date agreed with the landlord - failing which the date on which you moved in.

    Unless you can point to any other circumstances, it seems to me that you will be locked in to the tenancy for the full period. If you're unable to find replacement tenants your options are to:

    - pay the rent for July and August
    - deliberately breach the tenancy, move out and refuse to pay the rent for the remainder of the term. Obviously, the landlord is likely to retain your deposit and may take action to recover the sums he/she loses during the period it is vacant.
    - try and strike a deal with the landlord to reduce the rent for those 2 months on the understanding that you won't be using the property.

    Option 3 is your best bet.
 
 
 
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