Ending A Tenancy Agreement Early

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Ending A Tenancy Agreement Early

    I have a tenancy agreement for the next three years that runs from 2/4/05-1/4/08. I would like some advice into finishing my tenancy agreement early, as I wish to move to a new area closer to my family, what sort of penalties would I have to pay and how much notice would I have to give? I do not mind losing my initial deposit and have rented my house 3 years prior and have signed another 3 year contract which I would like to end. Would it be a case of just negotiating with my landlord? Thanks for help!!

    #2
    The simple answer is, no you cannot end the tenancy as such early. However, there are still several options available to you, I shall attempt to detail them below(in order I would do them):

    - Check your AST for a break clause. It is quite possible that in such a long term contract there may well be such a clause, allowing you to give notice during the tenancy. However, this is still unlikely, but definitely worth checking.

    - Negotiate with the landlord. A landlord may be quite receptive to you just sitting, talking to him, and telling him that you would like to leave if possible. They may also be receptive to a financial settlement to break the contract, a couple of months rent may be amenable.

    - Give notice and leave. In this situation, you are responsible for the rent still, however the landlord must make every reasonable attempt to find a new tenant, and realistically finding a new tenant should not take any longer than 2 to 3 months - of course depending on the property and the area. I do not think that the notice period would matter, as you are more giving him notice to look for new tenants than giving notice that you are breaking the tenancy and stopping rent payments. But I wait to be corrected on this. However, it is obviously advisable to give as much notice as possible.

    - Assignment. As long as it is not prohibited in your AST, you have the right to assign your tenancy to someone else. This means that you can find someone else to take over the tenancy from you, and this cannot reasonably be refused. However, I think they have to pass the same credit checks etc as you did.

    - Sublet. Again, as long as it is not prohibited in your AST(most do prohibit it) you can sublet the property to someone else. NB: it is an unfair term to prohibit both assigment and subletting, so if both are, then you can basically choose either, as the terms are null and void.

    - Remember that you are only responsible for the rent until a new tenant is installed, and the landlord must make every reasonable effort to mitigate his losses i.e. find a new tenant.

    As a side note, can I suggest that you not take on such long tenancies in future.....it is very very easy for circumstances to change in 3 years! Remember that on a 6 month or year tenancy, this does not mean you can only stay for that time, you can stay after if both parties are happy on a periodic tenancy.

    Hope this helps.
    Last edited by MrShed; 17-04-2006, 23:14 PM.
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

    Comment

    Latest Activity

    Collapse

    • Erroneous Change Of Occupancy Fee
      Sonofahod
      Hi There,

      I am planning to move out of a shared rental property in March. Foxtons, the agency managing the property want to charge me a £300 "Change of Occupancy" administration fee as we have not reached the full term of the tenancy. I realise that the fee covers both me leaving...
      23-01-2018, 13:16 PM
    • Reply to Erroneous Change Of Occupancy Fee
      mariner
      Your information is severely deficient,
      Of course a move out inspection can be chargedeven with no move in report.
      You accepted LA fees by proceeding with Application.
      Deposit ADR cannot be used to contest Agency fees.
      24-01-2018, 02:53 AM
    • Attending Court - Advice Please
      Muzza
      Hi there

      I posted recently about our tenant leaving and giving her ex the keys to our house, we have a court date of 4th January for which Im flying back to the UK to attend (no contact or rent received from the persons she has left in there still). I feel hes staying in there as long...
      12-12-2017, 18:03 PM
    • Reply to Attending Court - Advice Please
      Muzza
      Thank you, Ill take a look!
      24-01-2018, 02:31 AM
    • Broken Boiler
      andy967
      HI - our boiler broke yesterday - our landlord is currently waiting for a quote for a new boiler - however one of the problems we have is that she lives abroad. It consequently means she's able to speak to people in the uk about any sort of business matter for 3 hours in the afternoon. I'm wondering...
      23-01-2018, 13:55 PM
    • Reply to Broken Boiler
      Muzza
      I live in the US at the moment, 7 hours behind the UK, yes its difficult BUT when my boiler broke I had someone out within 2 days, one thing she should have in place is a boiler cover or she should have tradesmen lined up who she trusts so if something goes wrong she can get in touch with them immediately,...
      24-01-2018, 02:29 AM
    • Section 8 notice served, what next
      lakemk
      Hi section 8 notice was served for rent arrears last wk, it doesn’t look like the tenant is going to pay , my question is what should I do next to prepare me for the court as I never been.

      I ve seen the post before abt the tenant may defend for disrepair, the house in fairly good condition...
      22-01-2018, 21:46 PM
    • Reply to Section 8 notice served, what next
      Muzza
      Hi - I attended court a few weeks ago, we used several grounds in the section 8, the mandatory one being the rent arrears, they didnt put a defence in, show up or pay so the judge just asked for proof I had served the section 8 (proof of postage receipts from the PO) and an up to date rent statement...
      24-01-2018, 02:24 AM
    • Leak into downstairs flat - advice
      Dberry
      Hi,

      I'm new the forum and the UK and wonder if you can advise…
      I’ve recently moved to the UK from Canada and so I’m not sure of rights and liabilities... I moved into my flat a few months ago and caused a leak into the apartment below me by leaving the tap running in the bathroom...
      23-01-2018, 08:50 AM
    • Reply to Leak into downstairs flat - advice
      mariner
      T responsibility.
      24-01-2018, 02:13 AM
    Working...
    X