Can you leave tenancy agreement early

A number of websites, including this one, will not work properly with this browser. Please consider upgrading to one of these newer, faster, safer and free browsers. Please enable JavaScript You need to enable JavaScript in your browser for some website functionality to work properly. Close Close this alert. Ending a tenancy Giving notice to end a tenancy Change of landlord or tenant Expiry of a fixed-term tenancy Ending a fixed-term tenancy early What to do when a tenancy ends Serving notices Abandoned premises and goods Subletting What to know when a tenancy ends.

Landlords and tenants can agree to end the tenancy early Fixed-term tenancies can only be changed if the landlord and all the tenants agree. A tenant might assign or sublet the property The Residential Tenancies Amendment Act states that from 11 February , landlords must consider all requests from tenants to assign the tenancy and must not decline unreasonably.

Assigning a tenancy Subletting Applying to the Tenancy Tribunal Severe hardship If a landlord or tenant has an unexpected change in circumstances they can apply to the Tenancy Tribunal for help. Changes to body corporate rules when renting an apartment or flat external link The Tenancy Tribunal may order compensation When the Tenancy Tribunal decides to end a fixed-term tenancy early, it may also order for compensation to be paid. Rating form Did you find this information helpful?

Add a comment. Related content Change of tenant If there is a change of tenant during the tenancy, all other tenants and the landlord must agree.

More about change of landlord or tenant ». Subscribe to our newsletters to remain up-to-date with all tenancy-related information. You can normally only stop paying the rent and end your tenancy agreement early if:. You should ask your landlord to confirm their agreement in writing. If you want to leave your rented property and you are on a fixed term AST then you may think that you that it is best to continue to pay the rent to the end of the tenancy agreement because the agreement does not have long left to run and that you can then leave without giving any notice.

That is why it is best to check the terms of your tenancy agreement even if you think that you have a fixed term assured shorthold tenancy. Tenants can easily be caught out by a fixed term tenancy becoming a periodic tenancy unless you check your paperwork.

If your tenancy agreement says your tenancy will convert to a periodic tenancy if you do nothing about it then you will need to serve notice on your landlord. If you think that you want to leave your property, because you are anticipating a move to a different employer in a new location or planning to buy your own home but you are not certain about when you will be able to complete your purchase, then converting your fixed term AST to a periodic tenancy may be a good option.

You may not need to do anything to make this happen as your fixed term tenancy can automatically convert to a periodic assured shorthold tenancy if:. A periodic tenancy will be a periodic monthly or weekly tenancy depending on how frequently you pay your rent to your landlord. Your landlord can only increase the rent when your fixed term tenancy is converted to a periodic tenancy if:.

That is why it is best to look at your plans before the expiry of your fixed term tenancy agreement. If you want to end your fixed term tenancy agreement early it is best to be prepared and organised and to try to maintain a good relationship with your landlord during your tenancy. That is because ending the tenancy early with involve negotiation with your landlord or their letting agent.

You can only end a fixed term tenancy early if you have a break clause or you can reach an agreement with your landlord. If you can't reach an agreement, your landlord is entitled to ask you to pay rent until the end of the tenancy.

If you can't get their agreement you remain responsible for the rent and any other bills you agreed to pay in the tenancy agreement. If you do need to leave your tenancy early, then it is best to explain why to your landlord.

Sometimes explaining that you have been made redundant, separated from your partner, or can no longer physically climb the stairs to the flat, will result in your landlord being sympathetic to your situation. They are more likely to be understanding if they think that they can easily rent the property out, potentially at a higher rent. Many landlords will want to find a new tenant before they will agree to end your fixed term AST early. You can help your landlord and yourself by:.

That is because these costs are likely to be cheaper than continuing to pay rent until the end of your fixed term AST. You should take legal advice from a landlord and tenant solicitor as you will still need to reach a written agreement on the surrender of your tenancy. It is far easier to end a periodic AST than a fixed term assured shorthold tenancy. However, you must give the right notice to your landlord to end your periodic tenancy. A periodic tenancy is a tenancy agreement that continues, without fixed time limit, on a weekly or monthly basis with no end date.

Your tenancy agreement could have started out as a fixed term tenancy but become a periodic tenancy at the end of the fixed term. Giving correct notice to end a periodic tenancy can be quite complicated as the notice has to be in writing and must:. If you do not serve notice properly then your landlord can insist that you pay rent until notice is served correctly.

Your notice period will depend on whether your tenancy is a statutory periodic tenancy or a contractual periodic tenancy. A contractual periodic tenancy occurs if you signed a periodic AST tenancy agreement.

To give notice to end a contractual periodic tenancy agreement you will need to check the terms of the agreement. Notice to end the tenancy can be given on any date but it must end on the right day, namely the first or last day of a tenancy period. This won't necessarily be the same date as you pay your rent to your landlord. Get what you agree in writing - you might need to refer back to what was said if there are problems.

For example, rent up to the end of your fixed tenancy period or costs to find a new tenant. Your tenancy won't have ended and you'll still have to pay your rent until you end your tenancy in the right way. Your landlord can get a court order to make you pay the rent you owe.

Leaving without giving the correct notice could also make it harder for you to find a new home because:. You might not be able to get any help from your local council if you leave a home you could have stayed in. Find out more about getting housing help. Contact your nearest Citizens Advice before deciding to leave your tenancy early. You should make sure you clean the property and leave it in the same condition as when you moved in, apart from fair wear and tear.

You need to do this so you get your deposit back at the end of your tenancy. Find out more about getting your deposit back. Make sure you pay all your household bills before moving out - for example gas, electricity, broadband and your council tax.

Read more on dealing with your energy bills when you move home. Make sure your post goes to your new address by using Royal Mail's postal redirection service. You can apply for the service by filling in an online form or visiting visiting your local post office. You'll need to pay a fee. If you can't pay for your post to be redirected you might want to think about giving your new address to your landlord or neighbours, so they can forward any post to you.

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