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Ways you can leave a property early
Break clause
You may be able to end your tenancy early if the contract includes a break clause.
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Note: If you are in a joint fixed term tenancy and you initiate the break clause then all occupiers of the accommodation will have to leave; you cannot use the break clause if only one person wants to leave.
Assigning a replacement tenant
A landlord or agent may consider releasing you from your contract if you find a replacement tenant.
• If your landlord refuses to consent to an assignment, this may be classed as unfair
• There may be a minimal fee for this
• The assignment must be recorded in writing by ‘Deed’ and signed by the landlord and all the tenants
• You will remain liable for the rent until the replacement tenant takes over.
• Your deposit should be returned once deductions or final costs have been agreed and the replacement tenant has moved in and paid their deposit.
Warning: If a new tenancy is not drawn up and the replacement tenant does not pay the rent or defaults on the agreement, then you will still be liable.
Subletting
This is when you find a replacement tenant for your room but you continue to make payments to your landlord.
We do not encourage subletting as this can lead to complications such as property disputes, issues with utilities, no legal protections, insurance problems, surprise roommates and poor behaviour.
You must get consent from your landlord and housemates before sub-letting.
Surrender
A surrender is a voluntary agreement between the landlord and tenant that the tenancy has come to an end. A surrender will terminate the tenancy, whether it is fixed-term or periodic. It must be agreed by ‘Deed’.
A landlord/agent may charge a fee if the tenant asks to surrender their tenancy. There are restrictions on what can be charged. For more information, read the government’s How to Rent guidance. bit.ly/gov-how-to-rent