There is no automatic right to leave your accommodation early. You are liable to pay the rent until either the date of your break clause (if you have one) or until the end of the tenancy period, as stated in your agreement. However, there are a few ways you may be able to leave early, which will depend on the type of contract you hold with your provider.
Check Your Contract
A good starting point is to check your contract to see what it says about leaving early. Most students who rent from a private landlord who doesn’t live at the property, will have an AST (assured shorthold tenancy), also known as a fixed-term contract. You may be able to end this type of tenancy early by using a break clause or by using the assignment clause if there is one. Alternatively, you may be able to sublet or negotiate a surrender of your tenancy.
Private hall providers usually rent rooms through a licence agreement and may allow you to leave your tenancy early. You should review your contract to see if this is possible.
Ending a Fixed-Term/AST Early
A fixed-term tenancy is an agreement that you will rent your home for a set amount of time. You are responsible for rent until the fixed term ends unless you can end the tenancy early. A fixed-term tenancy should either specify a start and end date, or something like "for a fixed term of 12 months from the start date".
Typically, you can securely end a tenancy early by:
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Using the break clause as specified in your contact
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Negotiating with your landlord about ending your contract early
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Using your right to end the tenancy because you were misled
If you don't end your tenancy in one of these ways, you could be responsible for paying rent until a new tenant moves in.
More information on ending a fixed-term tenancy can be found here.
Break Clause
A break clause allows both a tenant, (and in some cases, the landlord) to end the tenancy early without need for reason. Usually, your contract will specify conditions that must be met before a break clause can be used. For example,a minimum time period that you have to have lived at the property and what notice is required before the contract can end.
Not all tenancies will have a break clause, so it's important to check your contract carefully to see if you can use it and when you can use it. Your break clause might be labelled differently. So, look for any statements in your contract that might explain if and when you can end your tenancy early.
Once a tenant gives notice that they wish to enact their break clause, this usually cannot be revoked. It is important that you are sure of your decision, and have plans for alternative accommodation, before notifying your landlord.
Surrender
A surrender is a voluntary agreement between the landlord and tenant that the tenancy has come to an end. It is sometimes known as a mutual surrender and it terminates your tenancy.
A surrender can either be expressed or implied.
An expressed surrender is when both the tenant and the landlord signs a legal document stating the tenancy will end by surrender. An implied surrender is when the actions of the tenant and landlord are inconsistent with the continuation of a tenancy. This then amounts to an acceptance to end the tenancy.
Each situation may have differences, so we would recommend reaching out for advice if you have any questions about Surrender. More information can also be found here.
Assignment
Assignment is the process of a tenant transferring the remainder of their contractual responsibilities to another person. They will then take over the legal interest of the property and become the new tenant. All the conditions set out in the contract from the previous tenancy agreement (e.g rent, bills, repair) will now be the new tenant's responsibility.
It is common for contracts to include a clause allowing you to assign your tenancy. A clause prohibiting assignment is unfair and likely to be unenforceable.
If you have an agent, they may be able to help find a replacement tenant.
If you need to find a replacement tenant yourself, below are a few places where you can advertise. We do not regularly monitor the Arts SU Housing Facebook page and do not own the other sites, so you should be cautious when using them:
Some landlords charge a fee (maximum of £50) to cover the cost of changing over the tenancy.
Once you have found a replacement tenant, make sure your landlord or agent has given their agreement in writing. If the contract is not formally /legally assigned to the new person, you may still be liable for any costs owed to the landlord e.g missed rent and disrepair.
Sub-letting or Subtenancy
Sub-letting or subtenancy is when a tenant creates another tenancy, out of their interest, within the same property they live in. The middle tenant is known as a 'mesne' tenant (pronounced 'mean'). The relationship between the parties is
Head landlord > Mesne Tenant > Subtenant
A subtenancy may not be restricted to three parties, there could be multiple subtenancies for one property.
The Housing Act 1988 does not regulate the subletting of fixed-term assured tenancies. Therefore a fixed-term tenant may sublet unless the tenancy agreement prohibits it. Unauthorized sub-letting is considered a criminal offence. A subtenancy is only lawful if the landlord gives permission.
If you are in a situation regarding subtenancy, we advise that you seek support from us before moving forward. You may also find helpful information on Subtenancy here.
Even if your contract allows you to sublet your room with written consent, be aware that this would make you a landlord and does not bring your tenancy to an end. You would take on all the responsibilities that come with being a landlord and at the same time you remain liable for your tenancy obligations. For example, if your tenant fails to pay the rent or breaches any of the tenancy obligations, you can be held liable.
Ending a tenancy before you move in
If you have signed your tenancy agreement but wish to end your tenancy before you move in, then you will need to negotiate with your landlord. You may need to prove why you were misled in your decision. Your landlord might agree to release you from the contract. But we would always suggest you come talk to us first when you are in this situation.