Can a landlord increase the rent if tenant is breaking fixed term lease

[Sally Turner]

Hi, my husband and I are breaking a 2 year fixed term lease as we are moving to be closer to family. When re-advertising the property the landlords have put the rent up by £50 per month to £1550 and we have not had any interest from new tenants. I have been told that a landlord cannot increase rent during a fixed term lease, however the estate agent property manager has said she has received advice that the landlord can do so, as long as it is not disproportionate to the market and has pushed ahead with marketing the property at this level.

Where do we stand here? My understanding was that if the landlord agreed to let us break the lease we had the responsibility to find a new tenant as the original terms

[2222]

The landlord has a duty to mitigate his loss by seeking a new tenant at a reasonable rent. The agents have apparently advised that the new rent is reasonable. Besides that there's often negotiation, so To get £1500 it may be best to advertise at £1550.

You need to bear in mind that, although the landlord might easily rent at say £1400, with you paying the shortfall during the balance of the fixed term presumably, he is then stuck with the lower rent for the future.