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Joint and Several Tenancies (England) | Sub-letting and Assigning Tenancies (England) | Tenant Wants to Leave (England)

fixed term contract

6 Apr 2018 | 1 comment

Hi guildy, i have 6 students on 1 AST on a fixed term that comes to an end on 30th June 2018 when they will actually move out of the property. one of the students wants to leave the property before the end of the fixed term. I have explained to the student that she would have to give notice of 1 month that wouldn’t take effect until the 1st of May (rent date) which only leaves 4 weeks and I would find it near impossible to find a replacement tenant for that period left. Is the tenant able to give notice and leave in a fixed term, and if so is the tenant still liable for the rent if a tenant cannot be found for the 4 weeks remaining. Thanks


1 Comment

  1. guildy

    No, the tenant has no right to surrender during the term. In any event, a surrender during a term can only take effect if all tenants did so because they are all on one tenancy (giving notice once it’s gone into periodic is different whereby one can give notice for them all).

    We agree with you that it’s simply too close to the end for you to reasonably find a replacement for the short time. Especially when it’s a student letting.

    In our view, they can leave the room if they wish but rent is payable until the end of the term.

    If I want to leave my mobile phone contract early, I can’t! In principle, this is no different.

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