Can My Tenant End A Tenancy Agreement Early?

So, 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 agree to terminate the tenancy early, then 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 the landlord. Until that time the tenant is liable
  • The landlord may allow the tenancy to terminate on the basis of a financial settlement to be made i.e. a compensation fee
  • The landlord can find a new tenant, and hold the tenant liable for the costs of finding the tenant (advertising, agency fees etc).
  • Allow the tenancy to terminate.

What should you do?

It’s up to you.

But personally, I would let the tenant vacate early without causing too much of a fuss.

I know, that will be a tough pill to swallow for many landlords, which is totally understandable.

From the landlord’s perspective, a deal has been made and it should be honoured. I totally get that. However, hypothetically speaking, let’s imagine for one second that you force your tenant(s) to honour the agreement. Now, how do you think it will impact your relationship going forward? You’ll effectively be caging your tenant, and let me assure you, caged tenants don’t make the best type of tenants.

I’ve written an entire blog post on how and why landlords should let their tenants vacate early if they wish to do so, you should check it out.

278 Comments- Join The Conversation...

Showing 228 - 278 comments (out of 278)
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Julie Whittaker 22nd October, 2013 @ 17:57

I have a periodic tenancy which runs monthly with my rent being due on the 25th of each month. I gave my landlady one months written notice on 17th October saying I would be vacating on 16th November. She is now saying that the tenancy agreement runs from rent due date to rent due date and I cannot leave the property until 24th November and have to pay a full months rent. Is this correct???

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Harold 2nd November, 2013 @ 17:48

I have just renewed my tenancy agreement - it was signed, dated and confirmed by all parties for £600 rent per month. Two days later the landlord came and said he wants me to give him the agreement and copy of it back to him and sign a new one requesting for £50 more bringing total rent up to £650.

Knowing the tenancy agreement has been signed already by him and I have signed accepting the £600 contract, can he simply say he wants to make a new contract? Do I have the right to say no and that I've got a contract with his signature for a 12 month period, or can't I do anything about it?

Any help would be very useful! Thank you in advance.

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Sarah 6th November, 2013 @ 13:03

I just know this situation when you the tenant wants to break the lease. My friend decided to move to NY when he was given a promotion. The agreement was signed for 1 year, as soon as he knew he is going to leave the house, he called the landlord to tell him the situation. Luckily the landlord understood everything, you know, life changes! The only thing he asked to do is to find him a new tenant (it's not so difficult today with the Internet and different real estate websites) I helped him to search and we found a new tenant here You know, there are lots of people who wanted to rent an apartment, so we called this boy and my friend moved to NY without problems.

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Nichole 6th November, 2013 @ 17:56

We started renting this home 12/13 and from the beginning we started having problems with a dead fish smell in the home and found out it was plumbing problems in the access under the tub. A plumber recommended pulling out the boards from the wall and the drywall to prevent the possible unknown mold from continuing to grow. The landlord placed smell good tower things there and covered the spot. Then in 10/13 our bathtub and all the plumbing backed up on a Sun evening and we could not get a hold of the property manager after 15 calls and the owner after 9 answered and said "not my problem". Plumber stated have main line break. we lived in the home for the following week not able to use a lot of water because obvious problems and had to shower at my mothers. I COULD GO INTO FURTHER DETAIL BUT I WILL SKIP TO END. Now that the drains work really well like whirlpool well and main line was never fixed. The house is splitting and everytime it rains which in OK is a lot our house smells like feces. we have a dog but it smells worse than wet dog. We are not able to get a hold of the landlord to get a plumber out. We want to move but have signed a 2 year lease I am afraid if we do I will lose my deposit. which was $900 and we paid LMR of $900. we cant keep this up my kids have severe asthma. and the stench is awful. As soon as we stop laundry black stuff comes up the pipes. Underneath our back padio slab bubbles constantly even when its not raining. oh one more thing, on our lease we agreed we would pay the first $200 of anything that broke say if we were to cause plumbing i.e. my son flushes a car or something well the property manger stated she wanted us to pay the first $200 of the main line to be replaced. Why do I have to pay for something that's their responsibility?
Any help greatly appreciated.

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Nichole 6th November, 2013 @ 18:09

Julie Whittaker from experience in the past. If you pay rent on say the 1st then the notice needs to be given on the 1st and will be 30 days from that day. So therefore yes she is correct. You might check your state through the landlord tenant law since your mid month. Also be careful because some might say that's not a valid 30-day notice and might show up on credit but technically that you still owe a property. I have learned that the hard way as well by providing a 30-day notice on the 5th instead of the 1st but the property still excepted it.

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Laura b 17th November, 2013 @ 21:36

Hi I need help!

We started to rent a flat ..assured short hold agreement on the 29th march 2013 for a 12 month fixed term.

Since then there has been numerous problems with the property..we had no hot water for about 3 weeks we had no heaters for the first 6 months.. A big thing we were not told about the property was MOULD it' seems to grow in every corner of the flat.. We have tried to help prevent it by buying and using a dehumidifier Daily. However the walls are dripping wet..
We have a young baby and I don't think it is suitable.

Is there anyway we can end the tenacy early?

I have been through the tenancy agreement, but they do like to complicate the words..

It's States

'This fixed term agreement agreement may be brought to an end by either party by providing a minimum of two months written notice to the other (such notice not to expire any earlier than the expirey date of this fixed term agreement). At the end of such notice the tenancy shall end and all obligations and responsibilities shall cease; subject nethertheless to any claim by either party against the other in respect of any breach of the terms and conditions of the agreement. For the avoidance of doubt once the notice referred to in this clause has been exercised it cannot be revoked under any circumstances.

Sorry for such a long letter.

Thanks Laura,

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Dalia 2nd December, 2013 @ 00:55

Hello Laura!

I am not an expert, but as much as I understood

you can give or get notice 2 months before you want to leave ( BUT!!! not earlier than 2 months before your tenancy agreement ends). At the end of notice you dont have to pay the rent and maintain the property, and landlord gets the possesion of the property back. Everyone goes happy IF no one has any problem with breached contract (unpaid rent, dammage, or unreturned deposit or something else thats mentioned in T&C. After you left the property you can not come back and extend the agreement.

Thats how much I understood. I think best would be to go to citizens advice, because if the flat is not by Health and Safety you could find a way to get out. Ask for evaluation of the property from Health Visitors. maybe thay could confirm by a letter that its not safe for newborn.

Hope it helps!

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Laura 2nd December, 2013 @ 19:56


After my 12 month contract ended with lettings agency (they did not contact me at any stage)

The landlord arrived with a contract dying it needed resigning, I did without checking it thinking it was with agents till

After he told me that it was now direct and nothing to do with lettings gent so I assumed I was signing for a 2 month notice but instead he got me for another year.

I dint realise and we are buying a house. Surely either he has done something Wrong or the letting agent hasn't represented me properly???

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natasha 7th December, 2013 @ 13:46

at first we signed a 6 month contract. this ended and we signed a 12 month contract, we are 6 months in and need to move due to my partners job, we contacted the estate agents and there told the landlord who said we can be released from the tenancy but he keeps the bond, is this correct? theres no damaged to the property

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Claudia 10th January, 2014 @ 13:43

Can I get my 6 weeks deposits back if I terminate before the contract ends? I have already given 2 months in advance notices saying that I need to move and both the landlord and the agent are agreed as well.

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Rachel 28th January, 2014 @ 23:30

I am currently renting a flat. I moved into it in December 2012 o a 6 month tenancy. Coming to the end of this tenancy, thr landlord asked if we wanted to carry on living here. We said yes, definitely for another 6 months but probably a year. He gave us a tenancy agreement (this was back in April/May 2013) which we were to sign and him pick up. He never picked it up and has turned into a nightmare landlord. We told him the back gate broke, he said he would fix it but never did. This lead to us having push bikes stolen. There's a hole in thr bathroom ceiling he said he would fix but didn't. And the electricity circuiting the lights is so bad they flick off and we haveto push the whole fixture to get the lights on. The boiler also doesn't work properly, we have to have the heating on all the time or the pressure drops, this has caused us to have massive gas bills. Is there any way we can move out? We don't need to get a deposit back as our deposit is the last months rent.
Thank you.

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studentneedinghelp 30th January, 2014 @ 08:47

Hi... I need some advice please. I signed a fixes term contract in August for a year as I was moving over to England for university; my contract started 17 August, I paid my deposit (one month's rent) and the remaining 2 weeks rent for August imon 21st August and then came to move in the following week. As soon as I arrived and checked the place over, I found that there was mold in the kitchen cupboards and around the radiators in my bedroom (possibly from a leak), there were a few other problems with the house but those are the major ones. That same day I got the key for my room, I ring the landlord and told asked him was there any way of terminating the contract as I was not happy living in those conditions (you couldn't store found in those cupboards, even the smell would knock you out)! Initially, the landlord agreed because I had only been there a few hours and he was convinced that he could get someone else in anyway. Then he told me that he would keep the total 6 weeks rent if I wanted to terminate the contract and that he would not ask me for any further money, but that I was welcome to go through the "mydeposits" protection scheme to see about getting the deposit back. I did this, and got word in October that the landlord was to keep the deposit... I had not heard from the landlord since August, until this week.. He is now trying to get a further £600 from me IN THE NEXT 3 DAYS for his losses at having to readvertise the room etc... Or he will send it on to debt collection for me to pay the full 12 months rent.

Can he demanded any more money off me when it has already been settled that he is keeping the deposit?
Can he send it to "debt collection" for me to have to pay the 12 months rent if he had got someone else in the room straight away?

Any advice would be greatly appreciated..especially as he keeps twisting and changing things! Thanks :-)

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Kaylee 2nd February, 2014 @ 16:54

Hi I was wondering does anyone know if I can get my deposit back early? Me and my partnerappreciated. into our flat last February unaware of the anti social behaviour that our neighbours did, we have music till 4am from the guy downstairs and people next door and banging all day from the girl above with her little one, we are stuck in the middle of it all! We don't get any sleep at night because of all the music from both sides and all day we get the banging. I've already gone through environment health And police and it seems like nothing getting done. Any advice would be very grateful and appreciate

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sandy 15th February, 2014 @ 15:11

hello need some advice:
me and my partner have signed a fixed term assured tenancy for 6 months well we are nearly 4 months into it and want to move out we have got so many things needing to be repaired which we have been telling the agent for over a month now and all we have had is a plumber to come have a look because the toilet comes off the floor and leaks we have to actually empty our own waste back into the toilet its discusting we have been ill and my baby has been ill also because he has to be bathed in the bathroom where the smell of waste from the toilet comes through there is also leaking radiator and a big crack in the ceiling which looks like it will come down at any point.

surely all of this gives us the right to move out early without having to pay rent and have our full deposit back.

sorry for the long post lol

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Pat Holywell 16th February, 2014 @ 13:42

Hi There. Our tenants gave notice on 24th Jan and there end date is 28th Feb . They have paid month rent, and have left this week, I gave then a 1/4 of there rent back as a good will gesture ( pleading poverty). They have been ringing us all week for deposit back, but damage has been done to the property, we have asked them to put it right, then we will return their deposit. i THOUGHT WE HAD 14 DAYS AFTER TENANCY END DATE TO GIVE IT BACK. also as I gave them a week back do they have to return keys a week early?

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jcrjcr 9th March, 2014 @ 17:32

My tenant gave me a 30 notice verbally, she had an issue with another house mate. And said she wants to move 15 days before her 30 are over she claiming I never informed her that our other house mate has a criminal record therefore she wants me to refund her the unused portion of the last months rent. I did not get a security deposit from her and there were some minor repairs, can I legally keep the last 15 days of the rent money she paid? That was when she gave notice, she also paid her last month but because she got her feelings hurt she wants her money.

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Corpz 20th March, 2014 @ 09:15

Question - fixed term tenancy for 10 yrs. period but the landlord & tenant agreed to sell the property to the same tenant who is under contract. what would the both parties do? Do they terminate early the tenancy,is it possible? Even though the parcel land is not yet sub-divided or no land title only the mother title the landlord holding it, could these be consider and allow the law with no foul? Could the tenant consider & legally own the land in the future if the agreement of the landlord he sell to the same tenant?

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lynne 21st May, 2014 @ 23:36

we have recently moved into a bungalow but having some intimidation by other tenants some of them been hanging around near our home drinking had some comments when im on my own, by some young lads i feel really vulunerable, as my husbands disabled, i dont want to complaine incase of any comebacks, is there a way i can give up my tenacy before the year,i have secure tenancy

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Laura Howes 25th May, 2014 @ 08:36

I have signed a fixed period agreement (12 months) and haven't moved in yet,but I am a student and lost my job which would gave paid the rent. Also, I suffer from bipolar disorder and I have told my landlord I don't want to even start living there now as I cannot afford it. They insist I have to carry on with the tenancy, this is pushing me over the edge and I can't see a way out of it. I can't tell you how unstable this is making me and I'm really frightened

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Rachel 31st May, 2014 @ 20:13

Hi, we signed into a AST march 21st and 7 weeks in, we needed to leave, our landlord agreed only if they could get an assurance from us, we gave them 2 months rent in cash, and they agreed for us to give 2 months notice, but then told us to pay the next 2 months too, which means they would get their full 6 month rent. We reluctantly gave them the cash, and they assured us we could get it back if we decided to stay on or they got a new tenant. They have secured themselves a new tenant same month we leave, but now won't return our cash assurance, and are saying its their compensation, this was not the agreement. Are we entitled to this money back less their re-letting costs, or is the landlord allowed to take 2 rents on the same property?

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Phillip 2nd June, 2014 @ 15:23

My fixed term AST finished in January, so I'm on a rolling contract,month to month ,sec21 served with 2 months notice, I want to leave mid month before the notice ends, my landlord does not want to accept part payment for the month,she wants the full amount, is she correct.
I havent paid for the month as I dispute the rent, where do I stand?

Need some guidance as there also maybe payment for damages.

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Chris 10th June, 2014 @ 11:43

My partner and I signed a 12 month tenancy agreement 3 months ago. He has ended our relationship and decided to move out. He said he would honour his part of the rent for the remainder of the agreement, but is now saying that there is an early termination option. I can't afford the rent on my own as it was based on combined salary. Can he force a termination? Can he simply stop paying? Can he reduce his half? It was not my decision to end the relationship and I would like to know the best way forward and what rights we both have. Thanks

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Lorna 11th June, 2014 @ 18:13

Hi I have recently given notice to terminate my tenancy before the date was due and the landlord agreed. I left immediately and the landlord kept that months rent as my notice. they moved someone else in straight away without incurring any advertising fees. Am I entitled to any of my notice money back??

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rebecca 12th June, 2014 @ 13:46


i moved into a flat share 2 months ago (6month agreement on tenancy agreement) knew when i moved it it needed carpets, my bedroom one only being fitted when approaching my landlord. But there's a leak that the landlord knew about 2 weeks before i moved in and it still hasn't been sorted.
also i have no privacy, the landlord has the flat below (separate accommodation) and does just enter without notice (tenancy agreement says he's to give 24hours) he has hired a cleaner without the consent of the tenants, and makes sales from the flat we rent (not his flat below) today i nipped home at lunch not expecting him to be there, only to find him meddling with the cooker (noone has reported it broken) and making a seemingly dodgy sale.

in addition he has not protected my deposit, which i will take him to court over if i don't get it back.

living in this place (i cannot call it home) has had a negative effect on my mental health.
do you think of i approach my landlord with my issues and that I need to move out to help my mental health that he will release me from my agreement without paying any more rent?

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Mac1 19th June, 2014 @ 17:04


I am a landlord, and recently through a letting agent, signed up a tenant. We lived in the property before we decided to rent it out,

Once the tenant had signed up, they noticed some electrical issue that we had not when living there. They asked for an inspection which of course we organized.

Now 2 weeks on, after paying for all gas certificate, home care, landlord building insurance, our letting agent has said the tenant doesn't wish to stay any longer and has found another property to move in to and wants all money back.

The electrical work will only take 2 days and require power off for 4-5 hours.

Apparently we just found out that the tenant still didn't move in yet, so the agent said...

Please advise us what our rights are, as we believe we have done everything in our power, and even offered not to charge the tenant the first two weeks rent until work is finished.

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Brian 1st July, 2014 @ 21:54

My landlord is not the person who is named on my lease, I can't afford
To pay rent any more and I tried to give notice but this was not accepted,
Is there anything I can do asi have been warned about court action if I leave, but she is not the landlord of this property. Need help

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louise 9th January, 2015 @ 17:18

Help/advice needed please My partner had some sort of 'meltdown' moved out of our home and took on a 6 month tenancy, he moved his belongings in and promptly out again, the process taking only 4 days as we sorted things out. Is he still liable to pay the rent for the 6 months at the property? the landlord agreed to him coming home, but is now harassing for the rent as he does not yet have a new tenant.

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Part time landlord 9th January, 2015 @ 18:44

It would be quite unusual for a landlord to just accept a tenant ending a 6 month agreement after a few days.
You have said, however, that the landlord accepted your partner moving out. If he agreed to the ending of the tenancy then your partner may have been released from his obligation to pay rent for the full term. It does not appear that this is what the landlord thinks has happened, if he is now pursuing rent payment.
If the landlord has not released your partner from his obligation by accepting the surrender of the tenancy your partner is responsible for the payment of rent for the whole 6 months tenancy. It does sound like the landlord is willing to help by trying to find a new tenant and will then release your partner from further responsibility. Many landlords, myself included, will try to help tenants who wish to leave, but there is no obligation to do so, and few will accept being out of pocket due to having a rent void period.
I am pleased for you that you have managed to sort out your relationship, but your partner's change of plan is not his landlord's problem, and there is really no reason for him not to Pursue your partner for rent if he is getting no income from the property.

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LMH 11th January, 2015 @ 21:49

Our tenants requested an early break in contract (Short term tenancy agreement) via our letting agents. As per contract they were able to move out but held liable for rent until new tenants were found or contract ended. We did not receive our rent for the 26 day period between tenant moving out and new moving in. It has taken 4 months of me asking/email letting agents fobbing me off with being able to reclaim money through deposit. Finally the letting agents have admitted that someone in the office had mistakingly released the tenants the day they had moved out and returned keys. I have contacted the managing director of the letting agents who is sorry for the "inconvenience" but is unable to obtain this money back from the previous tenants "sorry".

I have informed/emailed the agents that an amount of over £700 is not an inconvenience but loss in funds, nothing currently in return. We're do I legally stand?

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Holly 30th January, 2015 @ 19:19

Hi. Can anyone help me, don't know what to do. I am 2 months into a 6 month contract in a shared house. The other tenants are a nightmare and the landlord has given each tenant a written warning including myself, warning of immediate eviction in any case of tenants breaching their contract. I have spoken to my estate agent and asked if there is anyway to get out any earlier than the full 6months, and they say that I have to serve the full 6months. If I leave I will have to carry on paying the rent each month until the end of contract is up. Any help would be most appreciated. Thanks.

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roxanne lacey 16th April, 2015 @ 21:51

My dad has moved out of his flat due to the neighbours being drunken and abusive he has heart problems, he first moved into the property with no deposit ect,
ive found him a cheaper place near me, now his old landlord is demanding the rent on the old property in full untill he finds a tenant even though he verbally stated and took 200 for an early release of the tenancy, hes now saying the money was for re advertising even though he does it through gumtree which is free? Now my dad is stuck with 2 rents to pay and we are all stressed and upset, would it make a difference if it went to court as wecant afford to pay in full both rents

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ABC 16th June, 2015 @ 18:28

My tenants signed a fixed 14 month contract but want to leave 11 months early because he found a new job abroad. I'm a fantastic landlord and very kind to my tenants/lodgers, but I'm devastated about this and just need to get settled and get on with my work and looking after health problems.
They are refusing to pay advertising costs to replace them, & I'm massively out of pocket. I feel I could refuse to continue searching for replacements and leave them liable for the whole 11 months rent. But now this has happened it's really unsettling, and I'd rather find new lodgers who actually want to stay for the whole term rather than messing me around. They don't seem to be phased by the threat of 11 months rent liability,and still wont' pay up for the advertising costs to date. If they just disappear abroad anyway I'll have a hell of a job pursuing the money each month. I don't want to allow the the advertising to be taken out of the deposit, because they forfeit the deposit anyway in this circumstance, and the ad costs are due on top of that. I can't let them find the tenants themselves, because I live in close proximity to them and they could put anyone in there who say all the right things to get the tenancy, then turn out to be a nightmare after the current ones have left. Any advice please?

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Anon 1st July, 2015 @ 22:36

I have signed another 12 month contract with my landlords that started 1/7/2015 and I am a uni student so only really need 9 months, however, I do not wish to live there anymore due to my mental health issues and I do not feel comfortable with the landlord. Is there any way in which I can get out of this, additionally my previous guarantor hasnt re-signed any document so does this mean that it is no longer valid?

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Paulo Gomes 23rd August, 2015 @ 01:31

hi, i´m on a periodic tenancy agreement.have signed 1 month before my 12month term finished, and the new agreement started on the 4th of august. I just got a 2 month notice at 6th august as the landlord wants to repossess the dwelling property at october 6th. I started straight away to look for a new flat, and i might sign the contract august 28th. Because of that I contacted the agency that is managing on behalf of my landlord to tell them that I will and I want to release the property earlier and before the next rent is due, and cancel the bank standing order as well. They told me that I should´ve sent a 1 month notice otherwise i need to pay the last month of the tenancy if the landlord doesn´t accept. It seems strange as I got a notice to vacant a property from the landlord and not I sending a notice to the landlord. This 1 month notice its strange as nobody will send a notice without knowing if they have where to live and straight after getting 1 notice from the landlord. Do I need to pay until the due date of the notice if I´m leaving a month before? Do I need to send some kind of notice, I read about a 10 day notice if the landlord is repossessing the property for himself or to sell? Can they charge until the check out if they make it after the due date.
Please advise, theres so many things to do and to pay when we move and now theres this problem. Its incredible because if we stay after the due date we can be evicted and if we arrange to leave earlier, they don´t refund the days not used or in my case, they need authorisation from the landlord to see if he allows me to release it earlier and not paying the last month. And I must say I have a standing order at the day 1 of every month. And there´s another thing, I need to transfer my council tax to the new property.

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joao silva 23rd August, 2015 @ 15:44

hello there !

i found work overseas .
can i end my short assured tenancy before the 6 months with just one month notice??

even if i need to give them a work promess from my next boss in france?
thank you

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charlie 1st November, 2015 @ 14:53

I am in a 6 month tenancy agreement and I am 20 weeks pregnant. I have to give 2 months full notice to leave. I need to find a bigger flat before the baby is born because I currently live in a studio flat. I plan on giving the landlord notice in advance to ask them if they can end the tenancy after 5 months instead of 6 months. Has anyone been in my situation before or can give me any advice on the matter on how to approach the landlord? Should I tell them now whilst Im in my 1st month of the tenancy agreement or would you advise to wait and give notice 3 months before the end of the tenancy? Im worried that they might take my deposit or make me carry on paying the rent right up until the end of the tenancy. I can't afford to lose any money because I need as much money as I can get for the new flat which will be more expensive.

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David 2nd December, 2015 @ 11:12

I just moved in to a property and I still have the agreement with me ..(Not signed yet) The initial fixed term is 5 month , but after living in the property so far , the heating system is definitely not ideal. It has just 2 electric heating system working in a one bed flat.I felt this would be fine but its not.

As I have not signed the agreement but I have paid the deposit, Can I negotiate the terms or what right do I have to get off the property (with my deposit as well)


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Glenn Brown 24th August, 2016 @ 23:16

I have had a experience today I will never repeat, I rented a property and rejected it within 1 hour of getting my keys and that has cost me a considerable amount of money. I rejected the house because of its condition and was told my standards were to high. I just want people to know be careful when renting it can be a costly and very stressful experience, choose your agent very carefully and check everything carefully and if need be get advice if you can.

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J Thompson 29th December, 2016 @ 12:01

i rent a property that i signed a 6 month agreement for in August 2015. In August 2016 i received a new 12 month agreement changing the monthly rent. I have paid the increased amount but never signed or sent back the agreement. Am i tied into the 12 months in anyway or can i give notice?

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Catherines 18th February, 2017 @ 23:11

Urgent Assistance required

Today a tenant was due to move in on a AST.
When that person arrived to be checked in they changed their mind and informed the agent that they did not want to move in "does not wish to move in." I then released the tenant from the contract and via the agent all by email.

They first were going within an hour then wanted more time and were given it. Unbeknown to me they then moved all chattels in. despite the Police being called. They were never handed keys as they had requested not to move in. First they would leave in an hour, then in two and then refused.
They had paid the deposit and first months rent to the agent. The police said to go and get the money to pay them back I did so. On arrival back they refused to accept the money back in front of Police moved everything in.
They are now in my property without permission after refusing to leave (with no keys) I have been outside the property all day

How do I urgently get leave they are there without permission please help?

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Part time landlord 19th February, 2017 @ 08:49

I am not a solicitor and this is only opinion.
1) as there was a Tenancy Agreement and they are now in the property I don't think they can be classed as squatters, so cannot just be removed by police.
2) you were very accommodating to release them from the tenancy. What was the wording? Did it in any way specify that they had to give up possession? I can see that it probably won't as you seem to be under the impression that they were not in. If by chance it did mention possession and they have not given this up I would say that the tenancy still exists and they need to pay rent. I doubt that is what you want to hear. You will ultimately have to take court action for possession if required.
3) what is your letting agent playing at? They should have defended your position regarding releasing them from the tenancy and told them if they didn't want to move in that was their choice and they would refer the matter to you for your consideration of releasing them once you knew if you could re let, costs etc. why on earth did they let them remain and move in items?
4) you could still be lucky and dealing with people who are just a bit unconventional who will move out of their own accord. You do however need to be very aware of dealing with people who set out to be trouble.
You need urgent legal advice, which you should look to the letting agent to at least contribute financially. Be very careful in your dealings. If the advice is to hold them to the tenancy you will need to issue keys and make sure you protect the deposit within the time frame.
Good luck

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Catherine 19th February, 2017 @ 11:55

Thank you Part time Landlord to clarify:

"They should have defended your position regarding releasing them from the tenancy and told them if they didn't want to move in that was their choice and they would refer the matter to you for your consideration of releasing them"

Yes, they did this in part and I released them on the phone with the agent with follow up email. They were told I had released them on the phone. Shortly after calling the letting agent liars about the cleaning( it was cleaned twice professionally for them I have invoices totalling 500-00. Carpets cleaned twice also....

Tenant became increasingly aggressive then some time after about an hour and the agent arrived at the property although first agreeing they wanted to go suddenly refused while agent tried hard to sort this out. The agent was due to go on holiday a junior member of staff came to take his place.

A member of my family then arrived (we had been previously told only a couple of laundry bags were within the property) I emailed the agent and confirmed tenancy no going ahead as I had released them and not to let chattels in.

They then started talking of harassment and refusing to leave and started moving chattels in but now all.

I arrived outside the property but did not enter and then due to the behaviour of the "tenant" I was texted from inside the property to "Call Police"
I did so at first the Police were helpful but after speaking with tenant came back out got aggressive with me and said I was disgusting not to allow the tenancy as there is a backstory I do not know and they will not tell me. Tenant earns over 60k plus three times what I do (I am not social services)
The police told me to get her all her refund in full and she would go (the agent was now on holiday and could not do this and was holding all the funds not me)
To bring this escalating situation I went and then gave all the money to the family member who went in to give it to them (in front of the Police)they refused the money and family member noted they had completely moved in and were not going anywhere and he came outside to inform me of what was taking place inside, I did not go in. They had now said they had never rejected the property in the first place, (they did reject property to four different people inventory clerks agents office workers)

As it was now getting dark Police came up barked at me despite us calling them Sir and one refused to give his number the other refused to repeat it as with the traffic I could not hear and then shouted back at me while getting in the car "we are not going to tell them to go" ran past and left.

I had now been outside for 4 half hours with no options I left the area with the family member.

They were never given the keys by the inventory clerk as they did not want to move in I have all the keys they have none and are still in my property and this is where we are all now.

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Part time landlord 19th February, 2017 @ 13:00

This sounds an awful situation but if they are now saying they didn't reject the property and they did not want to end the tenancy I can see no quick way to get them out.
If they are already claiming harrassment you really need to check your legal position. If they tell the local council, for example that you are refusing to give them keys it could cause you serious problems. Inability to secure the property could be classed as a hazard and an improvement order issued.
I am not saying they will do this but you need to be clear if your situation. There is a lot of advice for tenants out there but less for landlords and unfortunately we are immediately assumed to be in the wrong. Have they asked for keys?

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Catherine 19th February, 2017 @ 13:58

Thank you Part time landlord

No they have not asked for keys as yet at all.

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Ms Bell 26th February, 2017 @ 16:50

I took on 12 month tenancy (In Scotland) I fully intended to stay for that amount of time and longer ,I did a lot of improvements, fixed broken lights and heaters ,bought loft insulation ,redecorated (with approval),etc,.However my partner from whom I am separated (he is not and never was my co tenant ) Came to the house and terrorized me ,finaly trying to kill me ,I escaped and police advised me to leave which I have done but I cant afford to pay the remaining 6 months rent as I am disabled and get housing benefit but my husband knows I have left and is hunting around for me and has made a lot of threats to me online and I cant stay with friends or family as it isnt safe.Can I legally quit the house and not be liable for the full terms rent I am more than happy to pay for a notice periods rent .

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debbie 6th March, 2017 @ 17:48

Does anyone have any advice about terminating a mum paid 6 months up front for a property, but due to her health mentally she is unable to stay, can she claim back any of the 6 months that are left? I have spoken to the landlord and he basic said he hasnt got the money as he paid off some of the she can have it (to which it will be empty) or he will terminate but she will lose the rest of the money..contract end in June 17..not sure where she stands with this but if he is right and dont have to reimburse some of it then i wont proceed but if he is wrong i want some back for my mum.
Thank you for reading

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Simon Pambin 6th March, 2017 @ 21:24

Hi Debbie,

The landlord is entitled to some recompense but has a duty to mitigate his loss. That means he must make a reasonable effort to re-let the property and your mother should only be liable for the rent until the property is re-let, plus any additional costs of finding new tenants at relatively short notice.

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Natalie 26th April, 2017 @ 19:26

I'm just wondering if anyone would be able to give me some advice.
My friend and I are students and signed a contract at the end of march for a house starting in September. However,my friend has just found out she's pregnant and is not wanting the property any more, we have let the agency know of the reason why we want to end the contract and have let them know over 6 months before the contract is to start. So we are wondering if the landlord would be likely to allow the contract to be ended or not ?
Many thanks

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Caitlin 14th September, 2017 @ 14:18

Hi, does anyone have any advice for terminating a student contract? One of the other tenants is refusing to pay his share of the bills and is being generally abusive towards other members of the house. I have struggled with anxiety and depression for years, and feel that living in this environment for the rest of the year will greatly impact my mental health for the worst. Is there any use in talking to the landlord/estate agents about this issue and seeing if they will release me from the contract, or is there anything else I can do? Thanks

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Michelle Boast 5th November, 2017 @ 16:49

my letting agents rang and told me tenancy wouldnt be renewed 24/2/18 and i should look for new property ive found anew property and can move in end of december will i be liable for rent until tenancy ends?
theres no damage so im due my deposit back
ive also got repairs left unrepaired

The Landlord Avatar
The Landlord 6th November, 2017 @ 09:05

Unfortunately, yes.

Might be worth talking to the agents though, because the landlord might be willing to terminate the contract earlier i.e. end of December.


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