The tenants sign the legal document that binds them to the terms for paying the rent through the move-out date that the landlord might specify. This is done to protect the landlord. But some laws are in place to protect the tenants when they want to terminate the lease earlier for unavoidable reasons which include personal, professional or when the landlord breaches the lease.
This makes the property owner understand the ways to handle the situation to ensure clear and fair communication and follow the legal protocol. Ensure to check what type of tenancy you have – a fixed-term tenancy which ends on a certain date of a periodic tenancy which is also known as the rolling tenancy.
Fixed-Term Tenancy
If you have to pay the rent until the end of the fixed term, it is referred to as the fixed term tenancy. You might have to pay the rent after the fixed term if you stay in the property or have not provided the notice in the proper procedure – depending on the type of tenancy and the tenancy agreement.
To end the fixed term tenancy earlier it should be ideally mentioned in your agreement which is commonly referred as ‘break clause’ or you could do this by getting your landlord to agree for the end of the tenancy. The tenancy agreement will tell when the break clause could be applied which could be the end of your tenancy 6 months after the start date of the one month notice period.
Break clause could also have other conditions that you need to meet such as the rent arrears payment. So ensure to read and understand the break clause so you are aware of when and what to do and be cautious – and if you aren’t you might not be able to end your tenancy.
Talk to Dowen if you don’t understand your break clause. We are happy to assist you with the detailed advice on the fixed term tenancy and break clause.
Periodic Tenancy
Periodic tenancy let the tenant end the tenancy at any point of time by giving the landlord notice. All you have to do is pay the rent till the end of your notice period. You may opt for the periodic tenancy if you never had a fixed term tenancy instead had opted for the rolling tenancy which could be a month to month or week to week tenancy. Periodic tenancy could also be when your fixed tenancy ended but your tenancy continued to roll on.
Joint Tenancy
If you have opted for the joint tenancy, you need to get the agreement of your landlord as well as other tenants to give the notice to end your fixed term joint tenancy. But remember that if you end the tenancy, it ends for everyone.
And if your fixed term joint tenancy has a break clause included, you should get all the tenants to agree to end the tenancy, except when the agreement says otherwise. For ending the periodic joint tenancy you can give the notice to end your tenancy without any agreement of the other tenants, except when the tenancy agreement says otherwise. But be aware that if one end the tenancy in a joint tenancy agreement, it holds as the end for everyone.
Contact Dowens for help if you want to rent the property. If we manage the property on behalf of the landlord, we will assign a Dowen letting agent to deal with you and your tenancy. The letting agent will be available 24/7 to help you with any tenancy issues including the end of the tenancy. We assure you to provide you with the fair and measure service by considering your needs as tenants into account.