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In case you want to terminate your tenancy in the UK and have to vacate the property at an earlier date than the expiry of your rent, then you should be aware of the legal possibilities. You may face a penalty for leaving near the end of a tenancy agreement without going through the right steps. This article by Proptino Manager on How to get out of a tenancy agreement covers the ways to exit both legally and ethically, providing the most important UK legislation.
Read Also: Model agreement for a shorthold assured tenancy in the UK
In England and Wales, the majority of people renting are under an Assured Shorthold Tenancy (AST), which is statutorily regulated by the Housing Act 1988. This may be:
Fixed-term (e.g., 12 months): You are contracted until the expiry of the tenure.
Periodic: Automatically renews after the term expires periodically, monthly, or weekly.
A break clause is a legal option contained in most tenancy agreements, which entitles early termination, typically after 6 months.
If your tenancy does not include a break clause, then you could possibly get out early with mutual consent.
There are quite a number of considerations that are involved in the tenancy agreement. Such as:
Under periodic tenancy, you should have:
Under section 5 of the Housing Act 1988. Notice should be in written form and on the last day of a rent period.
Assuming that you are in a fixed-term tenancy without a break clause, you may get an early surrender of the tenancy. It is also legal under the contract law, but at this point, the agreement has to be made by both sides. So there must be an agreement, which must be made sure by writing it out (a deed of surrender is advisable). Your landlord can request you to incur re-letting fees or assist in getting a tenant.
Section 15 of the Housing Act 1988 does not allow tenants to sublet or assign the property without the written approval of the landlord. A breach of contract will occur by doing so without the authority of the contract.
The Landlord and Tenant Act 1985 requires landlords to ensure that the property is kept in a habitable state. When the place is not safe to live in (e.g., mould, no heating source, poor structure), you might have a strong reason to vacate early, particularly when the landlord does not perform repair work after being informed.
The Protection from Eviction Act 1977 governs the harassment or illegal eviction of tenants. In the situation where your landlord comes to the property without informing you, takes your pieces of furniture, or threatens you, these factors can be reasons to terminate early, and the result can be criminal liability on the part of the landlord.
Mainly due to the risk of safety being lost, the Domestic Abuse Act 2021 enables all victims of domestic abuse to request a transfer of tenancy or early termination in specific circumstances.
According to Section 213 of the Housing Act 2004, your deposit is required to be secured in a government-authorized scheme (TDS or DPS or My Deposits) to the end of your stay. Provided that you have observed the correct procedure of exit, your deposit has to be returned to you no later than 10 days after the deductions are agreed upon.
It may not be simple to leave a joint tenancy agreement compared to a one-person tenancy since every tenant is equally responsible in terms of legal obligations involving the rent and the property. In case one of the tenants desires to quit, he/she should either obtain the permission of all the tenants to give away the tenancy and assign his/her interest to another tenant with the written permission of the landlord or negotiate with the landlord and the other tenants and should sign a revised agreement. It is worth mentioning that with a mere move-out, the legal commitments of a tenant cannot be considered over; unless the name was taken off the contract, they could still have to pay rent and damages.
It is possible to get out of a tenancy agreement legally in the UK, and more so when you take the right and appropriate steps and learn your rights under the tenancy law. Never assume your contract, and always provide notice of things and make any agreements. When you are unsure and need consultation, then contact the Proptino Manager.
External Sources
https://www.gov.uk/renting-out-a-property
https://www.legislation.gov.uk
https://www.gov.uk/private-renting
Yes, you can leave the tenancy agreement early, but there are some conditions applied to it.
Suppose you leave without a tenancy period but still need to pay rent until an official date of time. You may lose your deposit and be charged in court.
Not automatically. Nevertheless, you may speak to your landlord and ask to terminate early. Some landlords will assent provided that it is you who helps get in a new tenant or provide the expenses of getting re-let.
You can choose to leave early for legitimate reasons, such as the property you rent is unsafe or in very bad shape (e.g., mold, no heating, or broken plumbing), and your landlord has not repaired it within a reasonable time. In this circumstance, you may legally be entitled to void your tenancy under the Landlord and Tenant Act 1985.
Unless your tenancy agreement says you can and on condition that your landlord writes to say you can. Subletting without the permission of the owner is liable to eviction or a lawsuit.
