Leaving Before the End of Your Agreement
Most agreements that are for a period of six months or more will be ASSURED SHORTHOLD TENANCIES.
As an assured short-hold tenant you will be contractually liable for the rent for the whole of the period of the agreement.
Are there any exceptions?
Some tenancy agreements may contain a break clause which allows you to end the tenancy on, for example, one month's notice, within the fixed term.
If there is no break clause, you will be contractually bound for the whole period as specified on the front of your tenancy agreement.
In some instances it may be possible to negotiate with your landlord to end the tenancy before the fixed term expires. This might apply where you are able to find a replacement tenant who will take over your rent obligations. However, your landlord does not have to agree to this.
Can my landlord sue me?
Not complying with any of the terms of the tenancy agreement (including payment of rent) is a breach of contract.
Your landlord can therefore seek to recover any losses through the civil courts.
HOWEVER, the landlord cannot simply sit back and claim damages for unpaid rent for the whole of the fixed period remaining. He or she is under a duty to mitigate (minimise) his/her loss.
This means that the landlord must make sufficient efforts to re-let the property. It is arguable therefore, that if you give your landlord a reasonable period of notice that you are leaving the only actual losses that the landlord incurs are advertising and administrative costs.
You must ensure that you give notice in writing and that you record in writing any discussions concerning your leaving early.
If you want to leave earlier than specified in the contract, make an appointment with one of the housing advisers in the Advice and Counselling Centre, room E297 to discuss the matter.
