ENDING YOUR TENANCY
ENDING YOUR TENANCY
ENDING YOUR TENANCY
You want to leave early
For a surrender to be valid, both you and the landlord must agree to it and confirm this in writing via a deed. This is important in case there is a dispute later.
BY THE TENANT HALLS OF RESIDENCE You are bound by your contract and will only be allowed to leave in exceptional circumstances. Please seek advice if you think this applies to you. If you are unhappy with your current room and want to move then just speak to the Accommodation Centre who may find you another room if this is possible. There will be an administration fee for this swap. Please talk to the SAC.
PRIVATE RENTED ACCOMMODATION At the end of the tenancy If you are living in private rented accommodation you are most likely to have a fixed term AST. With a fixed term tenancy you can usually leave on the last day of the fixed term without giving notice. If you intend to do this, first check your tenancy agreement and make sure there is not a requirement for you to give notice. In practice, even if your agreement doesn’t include such a term, it’s best to let your landlord know what your plans are. Should you stay beyond the end of the fixed term - even for just one day - you will automatically become a periodic tenant. You will become liable to pay rent. Your tenancy will run from month to month or week to week, (depending on the normal rent period) and you will then need to give either 1 months’ notice or 4 weeks’ notice to end it.
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If you have a fixed term agreement and you want to move out before the end of the term, you can only do so if: there is a break clause, which allows you to end the agreement early. your landlord agrees to you ending the agreement early. This is called surrender. NB: If you have a joint tenancy agreement, be aware that ending your agreement in this way will end the contract for your housemates too. For a surrender to be valid, both you and the landlord must agree to it and confirm this in writing via a deed. This is important in case there is a dispute later. If you have a joint tenancy all the joint tenants and the landlord must agree to the surrender. Some landlords are prepared to negotiate, but they are under no obligation to do so. Your landlord can insist that you keep paying rent for the full length of the tenancy. If you leave before the end of the fixed term without your landlord’s consent, you are liable to pay the rent until the term ends even if you aren’t living there.
Finding someone to take over your tenancy If you are unable to get out of your contract you can try finding a replacement tenant. You should speak to your landlord about advertising your room. You can advertise on student pad, notice boards etc. If your contract is joint and several, then your housemates have to agree to the replacement tenant. They do have the right to refuse them. However, they can only refuse on reasonable grounds.
When your housemates agree to a replacement tenant, you will need to contact the landlord / agent to see whether they will give a new contract to include your replacement and take you out. If the landlord refuses, the next best thing is to sign a Deed of Assignment. It is essential that this transaction is carried out correctly, please come and seek advice from us in the Student Advice and Support Service, or take other legal advice (not just the say so of the letting agent / landlord). If you have an individual contract then you do not need to get the permission of your housemates. You will however need the landlord/agent to agree. Your landlord can not withhold permission unreasonably but may want to check references. Check that the landlord will give the new person their own tenancy agreement – otherwise, you will still be liable for the rent.
Leaving before the end Leaving your tenancy without giving notice, by moving all your things out and then posting the keys through the letterbox, is called ‘abandonment’. It will not end your agreement, even though you have left the property. Your landlord can carry on charging you rent until the fixed term of your agreement comes to an end. Your landlord may also seek to keep your deposit. The landlord can even apply to the court for an order to make you pay what you owe. The court will decide whether you should have to pay your landlord the money or not.
BY THE LANDLORD If your landlord wants you to leave early, they must also abide by the contract. If you have a fixed-term agreement, the landlord cannot ask you to leave unless there is a break clause or if the landlord seeks possession because you are in breach of contract. There are set mandatory and discretionary grounds for eviction. Mandatory means that if the case is proven the court will have no option but to grant possession (e.g. eight weeks’ rent arrears). If your landlord relies on a discretionary ground (e.g. landlord claims the property has not been looked after and the condition of the property has been adversely affected), and it can be proven, the court will then make a decision whether it is reasonable for possession to be granted. The court does not have to grant possession to the landlord. Repossession by lender (Building Society/ Bank) – A court may grant possession if the landlord has failed to make the mortgage payments. If the landlord has not informed the lender that they were renting the property out, the lender will not recognise you as tenants. As such they have the power to repossess the property with a court order. You can apply to the court for the order to be suspended for a short period of time, so that you can find alternative accommodation. If you receive any notices or have any queries or concerns please contact the Student Advice and Support Service.
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