Can I terminate my fixed term agreement early?

Question from Kayn updated on 19th March 2008:

Hi,I am 5 months into an 8 month fixed term agreement and my flatting situation has become unlivable. I am going to discuss exiting our agreement early with my landlord, but was wondering what penalties I am likely to face. Thanks.

Our expert Jeff Montgomery responded:

A fixed-term tenancy agreement can only be terminated or varied with the consent of all parties. If you wish to be removed from the agreement, then you will need the consent of the landlord, and any other tenants who are named on the agreement. If the entire tenancy agreement is to be terminated, or if you are going to be removed from the tenancy agreement with other tenants remaining, then the terms of this arrangement will need to be negotiated between the tenant(s) and the landlord. If the tenancy agreement is to be varied by ‘assigning‘ your interest in the tenancy to someone else (i.e. another person replaces you on the tenancy agreement), then the landlord may require you to pay reasonable expenses incurred by them in allowing this assignment. If other tenants are named on the agreement, then their consent will also be required. I would recommend that you document in writing the details of any agreement reached between you and the landlord (and other tenants if necessary), and have it signed by all parties.


The Department of Building and Housing provides information and guidance on building law and compliance, services including weathertight homes, and advice for tenants and landlords.



 


Search the Ask an Expert archive

Browse all questions in the Ask An Expert Archive »


Site by PHP Developer