Can My Tenant End A Tenancy Agreement Early?

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’s notice.

A tenant can end a periodic tenancy by 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.

297 Join the Conversation...

Showing 247 - 297 comments (out of 297)
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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

Hi,
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

Hi

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

Hi,

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)

Thanks

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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?
Thanks

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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 contract...my 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 mortgage..so 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

Hi,
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
Natalie

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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

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The Landlord 6th November, 2017 @ 09:05

@Michelle,
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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ALEXANDER 14th February, 2018 @ 05:55

Hello everyone. I have a question . is it possible for the owner to give me a month to leave the house on the 10th of January? as long as I am with my wife and child and I don't have rental contract after 5 years. of living in this house! what can I do ? thank you and wait for the opinions of your advice!

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Kim 14th February, 2018 @ 08:59

A lot will depend upon your status in the property. Does the landlord live there and provide any services which might mean you are regarded as a lodger?

If not, do you pay rent? If you are not a lodger and pay rent then you have a Tenancy, even if it is not in writing, and your landlord would probably need a court order to evict you. You will need to seek specific legal advice as this is not a straight forward matter

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Maria 6th March, 2018 @ 15:35

Hii, PLEASE.. hope someone Can help me !!!
I just recently moved out of my old apartment in Pasing and in to another. Before i was Living with my landlord and another person. My contract runs out on May 15th of 2018. I had asked my landlord if i could move out earlier. He answered this so-called "Company" had told him, he could only shorten the contract with 15 days, meaning end op april 2018. Later on, without me putting out there, he texted me, that i could move out on April 1st and he'd then take over the room for me(i still have these messages). I therefore Sign a contract with the new landlord starting on March 1st. Before signing the contract i told the new landlord i had to confirm what my old landlord had Said. I asked him, and he Said it was not a problem for him To pay for april for me, But the deposit was a problem. He Said the Company would give him the deposit back in end of april, so he could First give it back to me, when they gave it to him (talked to another lawyer Yesterday, who told me thats not true, and that Bcuz i have a contract with the landlord, he has my deposit) In that way i would "only" lose 1 months rent, Cause i payed 2 months rent in March. After i signed the contract with new landlord, i got home, and he tells me he cannot and Will not pay for April anyways. The other lawyer i talked to Yesterday told me, that my screenshots were proof enough, and that since he has my deposit i Can set a deadline for him to send it back to me. Can anyone help me? Can i tell him he now has to pay the rent for april? I have proof that he told me he would pay this for me. And later he told me he wouldn't AFTER i signed the contract with another landlord... while i was Living there he also knocked on My door all the time, both my friends and the other tentant Can confirm that. I live in Munich in Germany

Thanks !!!!!

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Mrs Donna Archer 21st March, 2018 @ 10:06

Hello there,
We started a 3 year,fixed tenancy on 8th sep,17,but this morning, due to unpaid bills, the bailiffs,came here. But we noticed, there are still another 3 peoples names on letters here,who also have debts,and ccj's. Basically, the gentleman,said, that other bailiffs, would come here,looking for these other previous tenants, but obviously,he doesn't, know when. Different companies etc.,
Due to this, it is very unnerving,living here, waiting for that knock on the door, I want to end our 3 year fixed, tenancy because of this. Please, could you advise me, on how/if this is at all possible. I have a 6 week deposit with the DPS, also, riding on this outcome. My thanks, I have
it all crossed, that some how, the law may actually be on our side. kind regards.

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Kim 21st March, 2018 @ 12:50

I am a landlord and there is nothing within my Tenancy Agreement that would allow a break for this reason. That said I am in an area and price bracket where re letting is easy and therefore I take the view that if I can release an unhappy tenant from a fixed term I will do so, as long as all of my costs are met. I don’t do 3 year tenancies though. There may be a break clause after a certain period of time, so it is as well to check your agreement.

I do think, however, that you are worrying unnecessarily. Yes, you may have letters delivered for former tenants but the bailiff you spoke to can’t possibly know that they will lead to other bailiff action. The letters are just as likely to be bank statements with a trivial balance or small debts that no one would pursue to court.

I deal with tons of letters for ex tenants, and the only time bailiffs have ever called was for a parking fine for someone I had never heard of.

It does take a while but if you return all of the post to sender they will eventually get the message. If you don’t feel happy doing this ask your landlord to deal with it. I have opened post and E Mailed companies and debt collectors also ( no it is NOT illegal to open other people’s post that is properly addressed unless it is for the purpose of causing them harm).

It is not in anyone’s interest to pursue debts at an old address so companies do stop after a while.

Good luck

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Wendy Waddington 15th June, 2018 @ 13:33

Hi, my son and his family have been renting a house for the past 6 months that they are very happy in and have no intention of moving out in the near future. At the start of the rental they paid a deposit plus 6 months rental up front. The rental is now due again and they thought they may have to pay another 6 months up front, which they were more than prepared for. However, they have now been informed by the letting agents that they have to pay 12 months rental in advance in order to stay in the house. Can they suddenly demand this as my son and his wife have only budgeted for a possible 6 months up front and not 12 months. In the past 6 months they have spent quite a lot of money decorating the house and it is immaculate. They are at a loss to know why the landlord is now demanding 12 months rental up front. Hope someone out there can help!

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Kelly 24th June, 2018 @ 22:13

Really worried.
Have been renting a room in my flat with an assured tenancy, 1 month notice period and her deposit secured with rla. She has just informed me she is moving out in 1 week because she wants to go freelance and needs to do so for tax claim purposes. That means the mortgage won't be covered and I'm unlikely to find someone else that soon. I also can't afford lawyers if she absconds.
Tried to do everything properly at extra cost to secure everyone's rights and interests here but it seems landlords don't have rights anymore.
Not expecting her to remain but if she's leaving at such short notice and expects not to pay her full month then I'm in dire straits.
Please advise

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Laura 8th November, 2018 @ 21:40

Hi. Our AST runs out next week and we want to go onto a rolling periodic where we pay in monthly instalments (not the 6 months advance payments we have been making for the last two years). The estate agents have said that the landlord does not want to go onto a periodic tenancy and refuses to accept less than 6 months rent in advance.
Does anyone know where on the contract I can find out if I have to continue paying this amount? Also, what is a landlord likely to do if we only pay a month in advance?
Any help would be greatly appreciated.

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Delpo 22nd May, 2019 @ 09:31

Hello,

We are breaking our contract early and so we are required to find new tenants and continue paying rent until we do. Of course we understand this is fair, but unfortunately we are required to use the agents our landlord wishes to find these new tenants, at at cost of around £400 (about 10% of the remaining contract). Unfortunate, but again, I suppose it's reasonably fair. My question is, what if the agent doesn't seem to be doing their fair share to find new tenants?

They've have 6 weeks notice, and the flat was initially to be available in one week's time, but we pushed it back another week to hopefully find someone, so they have 2 more weeks. They ad they put up is terrible. It had one photo of the flat from the outside. They only just put up two more photos that we took of the inside at our insistence one day ago. They refuse to update the description to mention that it's furnished, and you also can't filter by 'furnished', which I believe is very important. It's also said 'available now' since the ad went up, which is obviously incorrect, and will mean we have missed out on all the people who may be interested in the flat if they knew its true availability date. We have asked for this to be changed on myriad occasions, but the agency simply refuses to change it.

They did have a new tenant lined up, but that fell through over two weeks ago, and they have not organised any new viewings since then, and will not tell us what they are doing to find anyone.

This has also affected us in finding a new flat, as during referencing the landlord mentioned that we have not found new tenants and are still under contract and obligated to pay rent until we do, meaning we failed referencing, and out potential new landlord is uncertain about leasing to us. How can we ensure we have a new place and will have vacated the flat by the (unadvertised) date if we can't move? it's a self perpetuating cycle!

Please help! Is the agency fulfilling its duty to find new tenants to the best of its ability? Is there anything we can do? Whenever we call they're just condescending and tell us they're doing the best they can. I'm at a loss.

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Lisa 19th November, 2019 @ 01:41

I’m having a really bad situation with my university accommodation .
My student finance didn’t pay me enough to move in I requested I pay a large chuck and pay the remaing £100 when I get paid and I stated I needed to move in for the 16th she said she can’t authorise it and she will let me know in 24hours (10th September)she then decided to call on the 24th asking me to make payment but I told her you didn’t contact me in time so I looked elsewhere so I requested cancellation which she claims to have put through I called again on the 2nd Oct she said she hadn’t heard anything I called again this Friday passed (15th November)and she said oh it declined but she didn’t inform me of this information when I request for a copy of an email of when and why it declined and she said she couldn’t provide it because it was a phone call is it far that she is charging me a room I was denied access after signing my tenancy?

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Part time landlord 19th November, 2019 @ 14:30

If I have understood your situation you agreed to rent accommodation and signed the agreement, but couldn’t then pay the full sum required. You were not allowed to move in as you had not paid. I am not sure from your post when you intended to pay the balance if this had been agreed.
You ask if it is fair that you are being charged for accommodation to which you were denied access. What you may regard as fair is not necessarily the legal position. The landlord may also think it unfair that you signed an agreement to pay and then didn’t do so, and they could have let to someone else, but that is also irrelevant to the legal situation.
The best advice anyone can give you is to take your tenancy agreement to an organisation which may be able to assist you, for example CAB, Law centre, etc, as the specific agreement is important. It MAY be the case that the landlord can legally enforce your obligation to pay for some of the duration of the tenancy, but this would be dependent upon them trying, and failing to re let the room, once you had formally advised them that you no longer wished to take up the tenancy. It also MAY be the case that there is a specific clause in the agreement stating that the tenancy can’t start if no payment is made as agreed, which might help you. The landlord MAY also just decide to take no action even if s/he has the legal right to do so. When negotiating it might be a good idea to bear in mind that you appear to have committed to a contract, failed to meet your obligations to pay, ( which is the reason for not being able to move in as planned), and then didn’t try to cancel the agreement until you were contacted. I suggest you try to get help with this as it is complex and is also better dealt with sooner rather than later.

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Deej 21st March, 2020 @ 12:46

Hi,I'm worried my short term assured tennancy has an unintended break clause.

It says the tennent agrees -

"To pay the rent at set times and in the manner stated in the Agreement without
deductions or set off. The rent is payable for the full rental period until the end date"

But also...
Tennent agrees to -
"To give at least two months notice in writing for any notice to quit the Premises or to bring forward the End Date of the agreement."

Is the latter effectively a break clause with two months notice?

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The Landlord Avatar
The Landlord 21st March, 2020 @ 14:38

@Deej
That reads like a break clause, specifically that your tenants can give 2 months notice at any point during the tenancy.

What's your biggest concern with the break clause? Most tenants stay if they're happy, and with what's going in the world, most tenants will probably be inclined to stay where they are.

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Tenant 12th May, 2020 @ 18:07

I have signed a 12-month contract in the beginning of September due to end in September of 2020.

Our landlord has been very slow in providing basic services, such as a professional clean prior to our move in date, fixing mold, changing the front and back doors who were both broken and unable to lock, taking almost a month to fix a broken boiler which left us with no hot water to wash dishes, refusing to provide requested documents regarding my tenancy, taking time to provide bank details to pay rent to. The agency and the landlord have been sending me back and forth between each other and getting any sort of true information has been difficult.

In February, we told the agency and the landlord that we wish to vacate the property in June and asked about our options. They told us it would be fine and that we only need to provide a 1-month notice in the beginning of May. Both the landlord and the agency were aware of that.

I gave them notice in May a few days ago, and I received an answer from an agent I haven't spoken to until now saying the property is not managed and I'd need to speak to the landlord. After the landlord ignored my messages for two days, I rang him, he excused himself that he is busy at work but he had seen my messages. I explained the situation to him quickly, and he sounded understanding and willing to work with us. A few hours later, he emailed me saying he spoke to the agency and they've advised him to ensure that the agreement is carried out. This is completely contradictory to what I've been told in February. Since February, I have arranged for my move overseas and now I'm being told I'd be liable to pay for another 3 months' rent for a time I won't even be in the house.

I've sent a few detailed messages to my landlord, trying to explain my situation and reasons for wanting to leave - mental health struggles and diagnosis, termination from work, I also brought up what we spoke about in February. I told him I'm not expecting any of my deposit back and I just wish for him to show understanding. So far these messages have been ignored.

Any advice on what my options are would be very appreciated.

292
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Jimmy 12th May, 2020 @ 18:32

*You should get legal advice on this.*

It sounds like he was happy to do this before coronavirus but now isn't because it might be difficult renting it again.

I'm not a lawyer, but I think that if you have written agreement that you can leave before the end of the tenancy with one months notice then you should be able to. I expect it would be difficult for him to argue in court that he/the agent said that would be okay but are allowed to change their minds.

Good luck.

293
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Tori 13th August, 2020 @ 01:57

Hi there,

I am a tenant just 1 week into 12month tenancy with 6month clause. Since moving I have discovered a leak from bathroom to kitchen, mould on window pane that’s been painted.

Also property rent was increased by £55 after viewing and after I sent details to commence credit check.

Can I leave the tenancy before the 6 months?

Also I’m joint tenants with my partner who will be starting uni and moving away.

Any chance of leaving tenancy early..

294
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Alisha 25th November, 2020 @ 14:21

Hi,

I recently moved into a property a few weeks ago on a 6 month AST.

The other day, I was in my property and the door was knocking, I did not answer as was not expecting anyone, a few mins later the keys were going in my door, it was the maintenance man from the letting agents coming in to fix my bathroom door. I had emailed them days prior to ask if I could get the door fixed, to which I had no response, they surely cannot just try to come in!

Because of this I just want to leave as I do not feel safe or comfortable since this. I also suffer from extreme anxiety and panic attacks and this has made it worse!

My tenancy states, that if I want to leave before the expiry date, I must get the landlords consent, and pay a £90 fee, which I would be happy to do, I just don't know if they would accept this?

Any advice is greatly appreciated. Thank you

295
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annisa agung 16th January, 2021 @ 20:06

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296
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Magda 8th June, 2021 @ 12:19

Hi,

A month ago I signed a tenancy agreement for a fixed term of 12 months. The freeholder is a council, my landlord is the leaseholder and have owned the property for over 25 years. I moved in with a dog, after receiving permission from the council and the landlord (my flat is the only one in the building with the direct access to a communal garden), however from day one I'm being harassed by the couple living upstairs. They're council tenants, unemployed, both in their mid 50's, who have been living here for 10 years and seems were the main users of the garden. They were furious when I moved in and threatened they will 'pack my dog in their car and take her to the Battersea rescue'. After seeing the permission they admitted I had the right to have the dog but at the same time warned me that if I don't move my life will not be easy. And indeed it isn't. I'm being intimated and bullied, they observe me from their windows and shout, or the man comes downstairs whenever I go out to the garden, they had a few archery sessions right in front of my windows (amateur but still with pointy arrows) and make up stories about me offending them or my dog jumping on them (my dog does try to approach them, that's true, because the woman pet her before on several occasions - with my permission, as an attempt to have a friendly relationship with them, but she's under my constant supervision and whenever she tries to approach them now I call her back). They are angry the council didn't seek their permission regarding the dog. The landlord is on my side and after several altercations and 'dramatic' emails from the neighbours (about them being the victims of the council) he made an official complaint to the council. I believe the Housing Officer talked to them too, however it seems it's made things even worse. I can understand their position - I just moved in, they've been here for 10 years and now everyone is on my side. It seems though they 'own' the garden (they've taken almost one third of it building gazebos and setting up furniture) and simply don't want this to change. I'm considering speaking to the landlord about terminating my tenancy early, for the peace of my mind and my dog's safety, as the situation is getting more and more tense. Not sure if my case is valid though. My landlord seems like a decent person but I never met him, I rent through an agency so there's a third party involved too. Thank you for any advice.

297
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