A tenancy can be ended early as per the terms of the tenancy agreement.

This usually means the landlord or the tenant provides the other with the amount of notice specified in the tenancy agreement. It should be noted that the landlord and tenant are bound by the fixed term in an AST and issues could arise if one party disagrees with ending the tenancy agreement early. For example, a landlord is entitled to demand rent for the whole period of the fixed term from the tenant and the tenant is entitled to demand to be housed for the whole period of the fixed term.

In cases where there is a dispute, it is simpler and cheaper for the landlord and the tenant to attempt to negotiate and agree to the ending of the tenancy agreement. This might involve the landlord agreeing to forego rent payments for the remainder of the period of the fixed term subject to the tenant paying the landlord’s reasonable costs of re-letting. It may prove useful to appoint someone independent such as a solicitor or mediator to assist with negotiations.

If the tenancy is ended with the agreement of both parties, it is known as a surrender.

A tenancy can also be ended early if there is a break clause in the agreement. In the case of a break clause, it is important that it is followed correctly to ensure the notice to end the tenancy agreement is valid.

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