Ending your tenancy

If you have signed a 12 month fixed term tenancy agreement, then legally you are bound by this agreement for that period of time.  There are only two ways in which you can legally end a fixed term tenancy agreement:

  1.        Break Clause

Some fixed-term agreements contain a 'break clause', which allows you to end the agreement before the end of the fixed-term. Check your agreement to see if it includes a clause like this.

If it does include a break clause, it should also say how much notice you have to give and whether there are any special procedures you have to follow.

  1.        Surrender

If it doesn't include a break clause then you cannot end the tenancy early unless your landlord agrees to a surrender.  Surrender is when you inform your landlord of your intent to leave the property.  However this intent must be accepted and agreed by your landlord. 

Most landlords will only agree to a tenant leaving the property if a new tenant is found to take over the agreement.  You can advertise a vacancy via Manchester Student Homes.  However, your landlord must agree to the new tenant and so should the other tenants.

 

Walking away

If you leave the property without your landlord agreeing to a surrender, you will remain liable for the rent and bills, until a new tenant is found or until the end of the fixed term period. 

Your contract is legally binding; walking away or posting the keys through the letterbox is called 'abandonment' and will not end your agreement. Your agreement with the landlord will continue even though you've left and the landlord can continue to charge you rent, so you're likely to build up rent arrears. If your agreement is fixed-term, you can be charged rent until the term ends. 

The landlord can apply for a court order to make you pay what you owe. The court will decide whether you should have to pay your landlord the money or not. If the landlord has managed to let out the property they can't claim rent from you after the new tenant moved in. 

Landlord asking you to leave

If you landlord serves you with a Section 8 or Section 21 then please seek further advice.  If your landlord tries to end your tenancy early or is threatening to evict you, please contact the Advice Service immediately for information and to discuss your next steps.