In an ideal world, all tenants would remain in their rented home until the end of their fixed term of tenancy. However, by their very nature, renters are not as predictable as that. Often choosing renting over buying as they perceive it to offer more flexibility, they are only a change of job or relationship status away from needing to move before they anticipated.
So what can landlords do if their tenant asks to leave early?
According to Gov.uk, the tenant is responsible for paying rent for the full term of their tenancy whether or not they wish to leave early. However, they can leave early without further liability for rent if there is a break clause in their Tenancy Agreement or if the landlord agrees to end the contract. If a tenant leaves the property before the end of the fixed term without giving notice of this, it is classed as abandonment and they should still be liable for rents due (although tracking them down to claim this may be an issue).
In the case of a break clause, the Tenancy Agreement should be clear on how much notice a tenant has to give. In most cases this is one month but you can set it to two months if you wish. It should also state when notice can be served from (e.g. after the first three months of the tenancy) and if there are any special procedures which need to be followed.
You cannot force a tenant to remain in the property, and as long as they are willing to pay rent for the remainder of the fixed term they can leave when they wish. In these instances, make sure you carry out any property checks before they leave so that if there is any damage to the property you can resolve this with them.
There is some confusion over whether a landlord can still claim rent from a leaving tenant for the full term of the tenancy if they are not actively looking for a new tenant. Some experts cite the case of Reichmann and Dunn v Gauntlett and Beveridge from 2006, from which a precedent can be drawn that a landlord does not have to ‘mitigate a tenant’s losses’ by trying to get a new tenant in as soon as possible.
However, this case related to a commercial property, and it is unclear whether the same precedent would stand in the event of a case being brought to the courts relating to a residential property.
Therefore, the safest option, and the best for all parties, would be to market the property to find a new tenant quickly. An unhappy tenant could cause you problems further down the line and potentially damage your reputation as an accommodating landlord. If you do decide to market the property, it is reasonable to expect the existing tenant to assist fully with viewings.
Another option is to ask the outgoing tenant to find a replacement – this saves you the hassle and expense of marketing the property, however you should make clear that you have final say over who takes over the tenancy, and do the appropriate checks on any candidate they find.
Ending a tenancy early is a troublesome but inevitable part of being a landlord, and you may find that the best course of action is to be accommodating, find a new tenant who is keen to live in your property, and allow your former tenant to move on.
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