If you’re currently in rented accommodation, but want to move – either into other rented accommodation or to purchase a property – then you will surely be asking yourself whether you can end your tenancy early, or whether you’ll have to wait until the end of your agreement.
In this short guide we’ll attempt to talk you through your options depending on the type of agreement you have entered.
Ending Early?
If you want to end your tenancy early then you might want to start by asking your landlord and attempting to negotiate. It may state in your contract that you cannot end the tenancy early but if it’s acceptable to both parties then you might be able to anyway. This is sometimes referred to as “surrendering” the contract, but both parties must agree for this to happen.
The Last Day
Sometimes it’s possible to leave your tenancy on the very last day of a fixed term contract, but you need to check the details of your contract first. There may be a notice period required and you should always follow this by giving the correct amount of notice. In fact, it’s always better to be open about your plans with your landlord in advance so that it is easier for you to clear up any arguments at a later stage.
If you leave without giving notice then you landlord can take money from your deposit to make up for the rent which would usually be paid.
Going Beyond The Last Day
Staying beyond the last day of your fixed term contract means you carry into a roll over contract where you become a periodic tenant. This can be on a month by month or a week by week basis, depending on your contract. Your landlord will no doubt want to sign you up to a new fixed term agreement, but if they don’t then the periodic rule comes into play automatically.
Once you are a periodic tenant your landlord must give two months notice if they wish to end the agreement.
Taking Over The Tenancy
If you can find someone who will take over your tenancy – and if the landlord agrees to have this person take over – then you might be able to leave early. Be aware though, that unless the landlord signs the new tenant up to their own agreement, you are still responsible for the tenancy and could end up having to pay if the person leaves.
Can I Just Leave?
You can technically gather up all your things, move out and post the keys back through the door, but this is termed as abandonment. What this means is that your landlord will be able to pursue you for money you own from the tenancy agreement, with a court order likely to be brought up.
While the landlord can’t claim money once they have a new tenant in the property, it leaves you worse off as any future landlords might see your abandonment as a reason not allow you to rent from them.
Overall, honesty is the best policy. You’ll have a much smoother tenancy ending if you follow your contract and speak to your landlord. You never know, they may wish to refurbish the property anyway, allowing you to end the agreement you have early.
If you need help with your move, look no further than Barnes of Lincoln. We can assist you in moving properties whether it’s a house or a flat; rented or purchased.
