Attempted Robbery In Cape Town
ChatterBank2 mins ago
Accomodation Agreement
In my tenancy agreement there is clause that if I want to terminate the agreement and move out, I still have to pay until the new tenant is found? Is it lawful? Is there any way to terminate the agreement without paying the rent?
Answers
1 to 2 of 2
Best Answer
No best answer has yet been selected by onecino. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.
You have a contract, under which you have obligations. These include paying the rent in accordance with the terms of the contract. So yes, it is perfectly legal.
However, I suspect what you have is an assured shorthold tenancy. This will have a fixed term & you can end the tenancy at the end of the fixed term. If you want to end it earlier you can only avoid payment of the rent for the rest of the term by getting written agreement from the landlord that you won't be charged (not very likely he/she will agree) or by getting a replacement tenant acceptable to the landlord or by paying the rent until such time as the landlord finds a new tenant.
However, I suspect what you have is an assured shorthold tenancy. This will have a fixed term & you can end the tenancy at the end of the fixed term. If you want to end it earlier you can only avoid payment of the rent for the rest of the term by getting written agreement from the landlord that you won't be charged (not very likely he/she will agree) or by getting a replacement tenant acceptable to the landlord or by paying the rent until such time as the landlord finds a new tenant.
As Themas has said, if you have signed an agreement which stipulates that you would need to continue paying until the landlord finds new tennants, you are bound by this agreement and it is perfectly legal.
This type of requirement is usually placed in a Shorthold Tennancy Agreement and is used should the tennant decide to break the term of their agreement, i.e should you decide to terminate your agreement 3months into a six month agreement, you are responsible by the terms f your contract to ensure that your landlord either has payments up until the end of your agreement or gets suitable tennants to cover the term for which you decide not to reside yourself. Hope this makes sense!
This type of requirement is usually placed in a Shorthold Tennancy Agreement and is used should the tennant decide to break the term of their agreement, i.e should you decide to terminate your agreement 3months into a six month agreement, you are responsible by the terms f your contract to ensure that your landlord either has payments up until the end of your agreement or gets suitable tennants to cover the term for which you decide not to reside yourself. Hope this makes sense!
1 to 2 of 2
