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Q: What is 'surrendering' a tenancy?

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last updated: 22 Jul 2014 report a problem

It can be possible to move out during the fixed term if your agreement contains a ‘break clause’. This is a clause in your tenancy agreement which states that you or the landlord can end the tenancy before the fixed term has expired.

If there is no break clause then you can only end the tenancy early if your landlord agrees to it. This is called ‘surrendering’ the tenancy. If your landlord agrees you can surrender the tenancy you will need to follow the law or you could be taken to court in order to claim back rent on the property till the end of the fixed term.

Be sure to get any agreement in writing, in case of a dispute later on in the tenancy. If you have a joint tenancy, all the joint tenants and the landlord must agree to the surrender.

In order to avoid paying rent in two homes, it may be possible to find someone to take over the rest of the tenancy, and this may be part of the agreement you make with your landlord.
As long as the prospective tenant passes credit and reference checks then the landlord is likely to agree for the new person to move into the property.

Check that the landlord will give the new person their own tenancy agreement, otherwise, you will still be legally responsible for the tenancy.