Can you get out of a fixed term Rental License agreement early?

My son is renting a studio flat on a 50 week fixed term under a license agreement. The studio isn’t as viewed, it’s a different style of apartment, with low headroom and he’s over 6′ tall, so it’s hell to live in.

He’s complained to the housing company and the agent that leased the studio. He’s asked for either a move into a different apartment that’s more suitable, or to end the license agreement early without penalty, but both the housing association and agent have been stonewalling him for weeks and today is the next block payment date.

The License agreement is written for a short term licensee with exemptions such as where mentioned about giving 4 weeks notice to terminate the license, will then say “where a fixed term has not been arranged”. Therefore, a break clause isn’t written in. It does state that if non payment occurs then the license would be terminated immediately. What it doesn’t say is if the guarantor would have to pay all future instalments to satisfy the entire 50 weeks. It does state that where the licensee cannot pay, the guarantor would have to pay the shortfall.  There’s nothing written in the contract about interest on outstanding payments etc.

The housing association namely Housing 35,  have been informed that if the stonewalling continued he wouldn’t be paying the instalment due today. They’re up to something as they sent a photographer round today, the payment day, to allegedly take photos for next years advertisements even though my sons gear is in the studio.

Please can someone explain if we can get him out of this contract without paying the full 50 weeks of instalments, and how to go about it?

P.S. There’s something written in about leaving the Society resulting in being forced to surrender the license, but again, how does that work vs the rest of the unpaid instalments and I get the feeling that doesn’t apply to fixed term licenses.

Thanks!

Commentator Asked on 27th October 2023 in Landlord & Tenant.
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