Jump to content

Breaking Lease early

Recommended Posts

If your lease is for twelve months and you break it early, but find someone to carry on the lease in your place, do you still have to pay the landlord for the full twelve months?

Share this post


Link to post
Share on other sites

Best ask the Landlord.

 

Most would rather have someone (else) paying the rent than go to the bother of trying to get the remaining months out of the old tenant.

Share this post


Link to post
Share on other sites

The now defunct OFT had a guidance document - 356 - on unfair terms and conditions in tenancy agreements, that said - "Our concerns arise only where contract terms allow landlords to refuse to accept the early surrender of fixed term agreements and insist that tenants pay rent for the whole of the period of the tenancy. If tenants need to leave, it is not fair for them to be bound to pay rent if another suitable person is willing and able to do so. For this reason we consider that, in fixed term tenancies, an absolute ban on both assignment and subletting may be considered unfair."

 

It also stated - "Occasionally a landlord seeks a guarantee from a tenant who wishes to leave before the end of the tenancy, and who has proposed a suitable replacement to the landlord. A requirement to give such a guarantee 'on assignment' may be acceptable, provided the guarantee is not excessive. The law permits the landlord to require the original tenant to guarantee only his immediate assignee, and we would be likely to object to any term that went beyond those obligations permitted by the applicable legislation."

 

However it also pointed out - "S.15(2) of the Housing Act 1988 allows landlords in assured periodic tenancies to refuse consent to an assignment or subletting, even where refusal is unreasonable."

 

So, if all else fails, try to blind your Landlord with a lot of text and references, it can work.

Share this post


Link to post
Share on other sites

Legally it looks like you are responsible for the entire duration of the tenancy unless you have a break clause in your contract or can get your Landlord to agree to end your tenancy. However, if you move out and the Landlord signs a tenancy agreement with new tenants, you won't have to continue paying as your tenancy will be over.

 

https://www.gov.uk/private-renting-tenancy-agreements/how-to-end-your-tenancy

Share this post


Link to post
Share on other sites
Legally it looks like you are responsible for the entire duration of the tenancy unless you have a break clause in your contract or can get your Landlord to agree to end your tenancy. However, if you move out and the Landlord signs a tenancy agreement with new tenants, you won't have to continue paying as your tenancy will be over.

Yes. The best approach would be to contact the landlord (L), explain why you (as T) want to leave early, and provide details of the replacement T whom you have found. If you agree to pay L's legal fees, it would be much harder for L to justify refusal.

 

NB: if the current letting involves you PLUS one or more others as joint T, it's rather more complex- but it could still be done.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.