The fixed-term, regardless of the kind of lease, serves a single purpose: it keeps the tenancy intact for a certain length of time, generally 6 or 12 months. Neither the landlord nor the renter may change the conditions of the lease during this time.
The tenant has both the right and the obligation to remain in the property for the duration of the lease according to a clause in your tenancy. A right since the landlord cannot remove you until the defined time finishes, and duty because you must pay rent throughout the defined time when renting a property.
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Each party has the right to terminate the contract with prior notice when the set period ends. If your landlord does not extend your rental for another fixed term, it will automatically convert to a periodic lease, which allows both parties to cancel the arrangement more easily.
Is it possible to end a fixed-term tenancy?
Tenancies that are fixed for a set period of time can be changed if both parties agree. You must contact your landlord and ask whether you may move out early if you wish to relinquish the property and he finds a new tenant.
If they agree, get it in writing and set a move-out date, ideally within a month of receiving the written agreement. You’re no longer responsible for the rent once you’ve relocated and returned the keys, and the landlord has accepted them. However, the landlord may wish to remove money from your deposit, therefore you must follow the tenancy deposit protection scheme’s processes.
The so-called “break clause” is included in certain lease agreements. This provision permits both parties to review the tenancy at a specific time throughout the tenancy, generally at the halfway point. If your rental agreement includes a break provision, you and your landlord have the option to end the tenancy early regarding the type of tenancy.
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If the tenancy agreement is invalidated for any reason, you have one last chance, although it is unlikely to work. For example, if your landlord forced you to sign a lease agreement that limits your legal rights or places you in charge of obligations that the landlord is legally liable for. The tenancy agreement is invalid in this scenario, and the set period may not be binding. If this is the case, please seek legal advice.
How to Work With Your Landlord
Because it’s typically down to the landlord’s agreement, you’ll need to be able to negotiate a swift exit.
The main priority of landlords is to ensure that there is always a tenant in the property and that there are no vacant months during which they are not paid rent. That’s why, even if you’ve already moved out and relinquished the keys, the landlord is likely to charge you until a new renter is found.
The greatest approach to get out early is to assist them in finding a renter who is ready to move in as soon as you leave. If you can do this, you may be able to negotiate a penalty-free escape.
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If you are unable to do so, the landlord may charge you rent until a new renter is found or the specified period has elapsed. In some situations, you may be charged full rent until a new renter comes in, followed by a portion of the remaining rent until the specified term ends as a penalty.
When a fixed-term contract can be terminated early
You can stop a fixed-term tenancy early if you do one of the following things:
• Include a contract break clause.
• Work up a surrender agreement with your landlord.
If you don’t stop the lease in one of these methods, you’re still accountable for the rent.
If you haven’t already done so, Even if you haven’t moved in yet, you still have a contract with the landlord. Because there is no ‘cooling-off period’ for tenancies, you will almost certainly have to bargain.
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If the tenancy hasn’t started yet, your landlord may be more ready to let you out of the contract. For example, suppose you were planning to relocate for employment but were forced to cancel your plans due to the coronavirus.
Is it possible to quit my tenancy agreement early?
If you want to cancel your rent early, you should get legal advice on the nature of your lease and the provisions of your leasing agreement.
Not only should your tenancy agreement contain the essentials of how much rent is due, when it is due, the size of the deposit, and if you are liable for maintenance, but it should also address things like:
• The tenancy agreement’s start and end dates
• Whether the lease can be terminated early and, if so, under what conditions and with how much notice
• Whether you are entitled, under the terms of the lease agreement, to sublet the home or take in a lodger to assist pay the expenses while you are not living there if you wish to leave the house early but your landlord refuses to end the tenancy.
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The best thing to do is seek legal counsel on your tenancy agreement before signing it so that you are aware of your choices if you need to terminate the tenancy before the fixed term expires and who is responsible for paying the balance rent.