Can My Tenant End A Tenancy Agreement Early?
Written by The Landlord on 09 Apr 2009So, your tenant wants to vacate your property earlier than the dates agreed in the Tenancy Agreement – what are your rights?
Can the tenant leave during the tenancy?
If both parties agree
If both landlord and tenant agrees to terminate the tenancy early, than that’s perfectly legal and valid. This is known as ‘Surrender’. There are two ways to surrender a tenancy.
- Surrender by Operation of the Law – this is when the tenant gives up their occupation of the property to the landlord and the landlord accepting this. This usually involves the tenant handing over the property’s keys to the landlord accepting that the agreement is over and that they now have possession.
- Declaration of Surrender – this is when the tenant signs a Surrender of Tenancy Letter. This written document then acts as proof that the tenant has given up possession of the property to the landlord.
Ending a fixed term tenancy
If the tenant is in the middle of a fixed term, they can only terminate the tenancy early if the landlord agrees, or if there is a “break clause” in the Tenancy Agreement.
If the agreement does not mention a break clause and the landlord refuses to accept the early termination, then the tenant will be contractually obliged to pay you the rent for the entire length of the fixed term.
Ending a periodic agreement
If the tenancy has lapsed into a Periodic Tenancy (rolling from week to week or month to month), a tenant will typically have to give at least one rental period of notice. So, if the tenant pays rent weekly and the tenancy is periodic, they only need to provide one week notice. If they pay monthly, they will need to provide one month notice.
A tenant can end a periodic tenancy be issuing a valid notice to quit to the landlord. Once the notice expires then the tenant’s agreement will have ended.
What are the landlords’ options?
- Continue to enforce payments from the tenant, as the tenant is liable until the tenancy is legally terminated
- The tenant can provide a new tenant BUT the tenant has to be acceptable to you, the landlord. Until that time the tenant is completely liable
- The landlord may choose to break the tenancy by suggesting that a financial settlement be made i.e. if they owe 7 months – you will settle for 4 months
- The landlord can find a new tenant, and hold the tenant liable for the costs of finding the tenant (advertising, agency fees etc).
- If at any point the landlord approves the actions of the tenant vacating early, then they can legally stop paying the rent.
147 Comments - join the conversation...
98
Me and my girlfriend recently moved into a property on a 6 month contract. Since we have moved in we have had nothing but problems. The bath taps stopped working, the washing machine keeps leaking, the boiler is intermittent and leaking, and the sink keeps leaking. When i call my landlord he comes over about a week later tries to fix things however they break again a few days later (not including the boiler, he told me he will replace this in 2 weeks so currently we have intermittent heating and hot water, which makes a rubbish shower or cold bath). Is this acceptable? We have only moved in a month, but these constant repairs are a joke. Do we have any right to move out as the repairs are not being completed to a suitable standard?
Let me know
Thanks
Martin
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Martin
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I paid a deposit of £150 mid September which was meant to be £560 (Security Deposit + September's rent) and the LL daughter who i was dealing with agreed to this. I agreed through text that I would pay the rest of the deposit in October when my loan comes through. (I'm a student living in a house with the LL daughter). My loan hasn't yet come through, so she said when it does I can pay the rest.
Within 3 days of living there I wasn't happy and wanted to move out. I only told the daughter a week later (so I have been living there for 2 weeks). She now demands that I pay the rest of the deposit + October's rent.
I haven't seen or signed a contract, do I have to pay the money which she is demanding? She is also saying I have broken the contract - can I do this without signing anything? (the contract started in sept).
Also how does a DPS work? because I transferred the £150 into her dad's (the LL) account. Does he then put this money into a DPS?
Please help because I want to know if I can walk out without paying anything! I am willing to pay either £130 to make up 1 month's rent which is £280 or pay £420 (september's rent (£280) + half of october's rent (£140) and she has £150 to cover the 2nd half of october - so essentially I am willing to pay 2 months rent.
Thanks!!
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You verbally agreed to pay the rest of the deposit so technically a contract exists even though it's not on paper, so yes you do need to pay the balance. However don't expect the deposit back as you forfeited that when you decided to move out.
Tuff luck this time.....................
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The room is located on the ground floor which I knew nothing about when paying the deposit.
Will I have to pay the deposit + sept + oct rent?
I read somewhere that if you live with either the LL or a family member inc. their son or daughter I shouldnt sign the tenancy agreement because I'm not a tenant but a lodger instead.
Also, in regards to the deposit scheme, surely I should've known this has gone into the scheme within 14 days - what if they are keeping the money for themselves?
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Looking for some advice here.
I am currently in a short assured agreement, which is due to end in July 2012, however I am having major issues with heating & dampness.
The seal on the kitchen window is broke & has been since Jan 2010. The landlord acknowledged this, but it still hasn't been amended, even though the promise to do so was made by the LL.
The bathroom which is in an outhouse, built onto the property, is also causing us issues, as the bath isn't sealed. We have been advised by the contractor, supplied by the LL, that the bath is basically sinking and that it is pointless sealing it as it would just tear away. This is causing water to leak down the back/side of the bath, then causing dampness throughout the house as the air is trying to dry the moisture.
We are also being leaked on in the kitchen by the above neighbour. This has been fixed twice but again is still causing more dampness & discolouration.
On top of this, we have to keep windows open and heating on to try and combat the moisture & dampness, but as we are on prepay meters for G&E, this is costing a fortune.
After broken promises from the LL to get things fixed, and the trouble we have reaching him, I am at the end of my tether.
Do ~I have any grounds to leave my agreement ealry without penalisation?
Thanks in advance
James
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As soon as you break the contract you forfeit the deposit so he has stiffed himself there. It's hard to say but it would appear, and I stress appear because I am not a solicitor, that the ll has accepted your surrender of the property and as such you are in the clear.
However - if you are an honest bloke you will do the right thing and pay what you owe - after all, YOU broke the agreement and the LL is going to have to replace you with all the costs that involves.
Don't take this as gospel - as I say, it's only based on what to have said and very often a lot is left out - normally the pertinent and highly important bits. Go and check with a solicitor.
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Just pay up.
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Have you been paying off a debt on the meter from a previous tenant?
If the property has been empty for some time, you might be paying off a standing charge that wasnt your responsibility.
Might be worth a call to the gas supplier. Have you told them when you moved in?
118
What I recommend is to take a meter reading every morning and track how much gas was actually used. And you also keep track of how much you actually spend on heating. Then you calculate how much you pay per unit. I know what you care about most is how much you end up paying.
If the number of X pence per cubic feet/metre/whatever is grossly over the market prices, then you should seek alternative ways of paying for the gas. Like seeking to get the pre-payment meter changed to a regular one and also get a different supplier at a more favourable rate.
If however you indeed are burning all that gas while it is costing a reasonable amount per unit, then you probably have a very inefficient house. If you for example live in a terraced house built around the early 1900s or earlier, with solid walls, single glazing, no roof insulation and an old inefficient boiler, then paying more than £100 per WEEK for heating is not unheard of. In which I'd find ways of improving the insulation with cheap means. Hanging blankets in front of the windows (doesnt have to be full-height), shoving styrofoam packing materials into exposed niches in the roof space, shove newspapers into draughty cracks in the window or door frame fittings... a lot can be done using simple means.
Also perhaps consider how warm you actually need the house. If you like hanging out in t-shirts at home at a cozy 23C, maybe you can put on some sweaters to make due at 18C. But I am just throwing out ideas, knowing nothing about your situation.
Another thing you should also consider is that by law the landlord was supposed to provide you with a copy or let you see the original Energy Performance Certificate. This should have provided you with information about the efficiency of the house and also quote an expected yearly cost for heating/electricity. If the landlord failed to do so, then this strengthens your case against him should it go to court.
I'd strongly advise against withholding rent unless you have exchausted all other options. Being taken to court, being ruled against and ultimately being evicted for arrears will destroy your chances to ever rent privately again.
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Ask yourself what the going rental for a four bedroom flat is in your area. Did you achieve that rental level when you rented the flat out to the three ladies? Had you rented it out to four people initially rather than three, would you have been happy that the rent you get now was a fair rent amount?
If the answers are "Yes" and "Yes" then your tenants are probably thinking you're trying to rip them off by taking advantage of the situation.
If the answers are "no" then you need to demonstrate to the tenants thet they've had it cheap so far and it's fair to ask for more money if someone extra is moving in.
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My answer is yes, and yes.
The email I have received by the agency says:
We have communicated with the tenants about the rent increse, they have advise me they are paying rent for bed with only 3 tenants living there. they cannot pay more because they are paying 4 bed flat rent value, there is only fair for them to have 4th tenant with no rent increase.
Now Jeremy, how I answer this back to them? please help.
122
Can I read between the lines and assume you're OK to let the fourth person move in at the same rent? And you're using an agent, too. Life becomes easier...
Tell the agent you:
+ Agree to the fourth person miving in at the current rent.
And as you're dealing with a professional agency, you expect them to:
+ Add an addendum to the tenancy agreement showing the flat is now rented by the four people, countersigned by them (or they could issue a new tenancy agreement if that suits you all);
+ Re-issue the inventory to get all four signatories to it;
+ The agency to instruct the tenants that the deposit money now covers the four of them. The Four tenants need to swap money between themselves to ensure the four of them have made a fair contribution to the deposit. You don't want to get involved in that domestic arrangement!
Hope this helps.
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Thanks!
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Legally speaking, you have an obligation to pay the rent up until the day your tenancy ends, AND he has an obligation to provide you with the accommodation.
Assuming he has your deposit money he can keep this against any missing rent. But if the house is as bad as your other posts say, maybe a moral case can be made to stop paying now and seeing if he comes after you or not. That's for you to decide.
But if you decide to keep things legal then you could have some bargaining room. It could be that he'd like the property returned pronto. Why not see if you can do a deal with him that he gets the property early and lets you off the rent.
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Seeing as he's just giving us the required two months wanting reposession, I don't see why he wouldn't let us leave early but he's not the nicest person so he might not let us out of spite.
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This is concluded in http://www.propertyinvestmentproject.co.uk/blog/assured-shorthold-tenancy-agreement-ast-tips/comment-page-1/#comment-180360, posts 16 and 17
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If it is as bad as you say and it's nothing to do with the way you live (i.e. you allow enough ventilation) then you have grounds to end the tenancy under common law frustration. Gather the evidence to prove to a court it's this bad then then approach the landlord and ask for mutual release from the cntract. Explain to them you have enough to take a legal route if they don't talk to you sensibly.
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The process of selling a house takes many months in the UK so it's probably less an issue about you being asked to vacate before the original tenancy term comes to an end but rather about your right for peaceful enjoyment of the property. Your tenancy agreement might have a clause about allowing access to viewings to take place, but even so they can not exceed what a judge would consider reasonable, in essence no tenancy agreement can override your statutory rights.
You are perfectly at rights (in the UK anyway, I can not comment on anywhere else) to deny access to the property you are renting, but it might be unwise to do so completely, for it will piss off the landlord and they might not be willing to provide a positive reference to any future landlords. Best to come to an agreement in writing governing this, an opportunity for you to negotiate for a lower rent while this is going on.
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If he is mug enough to agree, get it in writing, otherwise if your ex trashes the house, you will be liable for that too.
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Thanks for any help
Tom
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I have a tenant who wants to move out before her contract finishes, she has found a replacement for part of her remaining contract and has said she will make up what's left by paying herself, which was agreed.
The replacement is due to move in but the current tenant has not paid. What would happen in the situation if the replacement moves in but the current tenant hasn't paid the financial settlement which was agreed and the deposit doesn't cover it?
Thanks for any help
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It really depends on what the "something" is. Can you be a bit more explicit over what your contract says about equal sized rooms. Thanks,
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It says:
"SECTION C - SPECIAL LETTING TERMS
[NOTE: Use this space for any special terms which the Landlord and the Tenant have agreed to, such as the Landlord agreeing to carry out any work before or during the tenancy. The Landlord should specify in this section any parts of the Property which the Tenant is not authorised to use.]
WE ARE SPLITTING THE BEDROOMS TO MAKE TWO EQUAL SIZED ROOMS "
im probably clutching at straws but i'm really desperate to get out of this house
139
Basically me and my fiancee rented out a property in September last year for a period of 12 months, when we wieved the property it was lovelly and it was smelling nice. After we got the keys problems had started.
I have bad chest problems and there is a loads of mould and damp in the flat which is 22sq meters studio flat and anywhere you move you get mould and damp. I've contacted the agency via e-mail with photos of mouldy clothes (which we got after month of living there) walls (behind massive tv unit, fridge, washing mashine, cooker) and many other places ( total of round 8 e-mails from Sept till Dec 2011). In mean time our bed was soaking wet and matress started getting mouldy as well. In a property there is a dehumifyer which we use nearly every day and it produces pint of water a day, we dry our clothes in tumbledryer, I open windows for at least 30 minutes a day, I do "general" cleaning of everything including matress bed frame inside cuboards and undernethe bath every single week as it kind of helps my breathing for a day or two. The humidity in the house is way above average ( 70 - 80 % and suppose to be 30 to 50 %) and the story could go on and on and on ...
We wanted to terminate contract at start of December but we have been told that we would have to pay the re-advertising fees and that our landrod knew about the mould before ... nobody said nothing to us ... We decided to stay and live with the mould :(
We've made an application for a council flat back in June (before we moved in to the studio) and now last week we've got a council flat offer (based on my health issues) that we've accepted.
We suppose to move to the new property mid of February and I do not know what to say to agency people.
On top of that loads of people that we spoke to about ending agreement before set date said that we will be lucky if we could go through cancellation without any BIG problems.
PLEASE HELP ME AS I NEED TO CALL AGENCY ON MONDAY !!
Thank you very much for reading and replying.
140
If (big if) your mould is due to a defect in design or maintenance of the building and the conditions were known by the landlord at the time of letting out then you've got a case to say he's failed the common law requirement to provide a property fit for habitation.
The possibly problem with this approach is you'd need to spend some money (your post says you're looking for council accommodation, so I don't know how much spare cash you'll have) on experts to come round and test the building.
My view is that money comes and goes, but your health is precious. If it's that bad for your health then leave the flat and deal with the financial consequences later. But leave with as much evidence of the ould problem as you can to give you the best bargaining position possible.
Hope this helps. Let us know how you got on.
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Sorry for my delay in replying to you. The clause is a chocolate teapot. Legally speaking, it's not a Term, it's a statement of intent and has no place in a contract.
Sorry, but you are clutching at straws. It sounds like your best deal is to find an extra tenant to join you. Best wishes.
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thanx for your reply.
I went to agency and said that we agreed on taking the council property and we will be moving out begining of March. The agency worker wasn't really happy ( last time we saw him he was laughing and saying this is normal for the mould to be in every house in UK)
They said to me that ther's a possibility of release but we will have to pay all the costs of re-advertising.
I have an appoitment with citizen advice people today so I will write some more info when I'll get back home.
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I moved into rented accomodation 26/02/10 and paid an extra weeks rent til the first week of march so our rent would come out on the 5th of every month. i have just given my notice and the landlord said we should have given our months notice on 26th of the month and now we will have to pay the next months rent.
Personally I dont think this is right as we are packed ready to move out on 2 march.
Also our landlords have charged us for a painting job which they token out of our deposit even though we had a mould problem and kept on top of it and nothing what out landlord told us to do to help the problem and worked so we went to the enviromenal health and made the landlords do the work.
Please help as I don't know what I am to do.
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There is an expectation that notices of vacation are offered by tenant or landlord around payment days. So if you've always paid on 5th and you've just given notice for vacation on 5th March then that's fine. Landlord is either trying it on or being dizzy over the dates.
If Environmental Health compelled the landlord to do works to the house then it was most likely a problem with the building which made the mount, not your lifestyle. Assuming you've kept the written correspondance, say you'll get the issue into the dispute resolution service of the deposit holder the landlord has used. They'll see the writing on the wall and return a full deposit.
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Thanks for your post. Don't trust the agent man. If he's telling you mould is normal he's bulls****ing you.
None of my houses have any mould in them.
Asking you to pay for re-advertising fees on a property which may be sub-standard to the point where it's effected your health is a bit rich. Feel free to resist being ripped off.
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I do strongly agree with your opinion, I've moved away from the flat round my mother's house to see what will happen and I don't get asthma attacks and feel aboslutely fine.
Today I'm in our old flat and started noticing new mould growth on our wardrobe that's standing 15 centimeters from wall... Sad thing is that agency e-mailed me that landron knew about condensation and mould and she didn't said nothing to us when we moved in. Sitting on sofa I can smell the damp which makes me fill sick :(
Yesterday I had meeting with Citizen Advice and a gentelmen over there contacted our councill in regard of enviromental officer coming over to our property - when he said to council that agency told me they won't do anything with dampness and mould lady on the phone just laught and said "they obviously know we are very bussy ..." I'm waiting till next week for a phone call from council to arrange a visitation. They have to contact landlord in order to be allowed to visit the property and I'm thinking that if she'll get this phonecall she will think about resolving problem without any 3rd parties involved as this could make her some problems. HOPEFULLY she will think about this and release us after 6 months.
Also gentelman called organisation called Shelter just to ask why there are no clausures about landlord being responsible for internal repairs in our tenancy agreement and just to make sure that our agreement is constructed as it suppose to be but lady said it seems to be ok.
I just wish that this could finish now and save me the headake and stress that we are going through.
Will keep up to date with the case.
Thanx Wicky
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