Surrendering a Tenancy to End a Tenancy EarlyWritten By PropertyLoop February 16, 2021
What Does Surrendering a Tenancy Mean?
Put simply, the surrendering of a tenancy is a way in which the parties of a tenancy agreement, the landlord and their tenants, can bring the tenancy to a close early. This is appealing to both the landlord and the tenants because typically it would be difficult to close a tenancy during the fixed term, a period that commonly lasts anywhere between six and twelve months.
How Do I Surrender a Tenancy Agreement?
There are two ways in which the occupants of a rental property are able to end the tenancy agreement during the fixed term through enacting a surrender.
An express surrender is executed through the occupants of the rental property and the owner forming a written declaration of surrender, bringing he tenancy to an early end. With the express surrender being made through a deed, not only is mutual consent required, but a both signatures on the agreement must be witnessed. Once both parties have signed the surrender they will be relinquished of any legal obligations towards the tenancy, meaning the tenants will no longer need to pay rent and the landlord will be left to find new occupants.
An implied surrender is not explicitly detailed through a formal agreement, but through the conduct of the tenants and owner of the rental property. Commonly an implied surrender takes the form of the tenants relinquishing the possession of the rental to the landlord, typically through returning the keys. However, it is crucial that this act by the occupants of the rental is acknowledged by the owner, often seeing them re-let the property to new tenants.
What Happens if I End My Tenancy Agreement Early?
It is essential for tenants to note that the owner of the rental property does not have to agree with the occupant to bring the tenancy to an end before the fixed term has come to a close. if this is the case then all tenants must continue upholding their responsibility to consistently pay the landlord rent until the tenancy comes to an official end. With this in mind some occupants may believe that if they vacate the rental property then they may no longer be legally obligated to pay the landlord rent and maintain the rental property, essentially relieving themselves of their duties as a tenant however this is not the case.
However, if the owner of the rental property comes to an agreement with the tenants to bring the tenancy agreement to an end early then once the keys have been returned by the occupants the landlord may ask the tenants to cover any costs that have been incurred, commonly the rent up to the end of the original fixed term, or advertising feeds in an effort to find a new tenant.
Can a Tenant Leave Without Giving Notice?
As mentioned, simply because the occupant of a rental property has vacated the grounds, they are not relieved of their duty to pay rent to the landlord. This simply means that the property has been effectively abandoned, seeing the tenants accumulate a significant amount of arrears, making it unlikely that they will see their security deposit returned.
If the occupants of a rental property would like to leave their tenancy agreement early, it could be possible to terminate the tenancy during the fixed term through enacting a break clause. Whilst a break clause will not be seen in every tenancy, tenants can inspect the terms of their tenancy agreement to see if this is the case. A break clause can be executed by either the tenant or the landlord, with the specifics of the term detailing how much notice either party must provide before the agreement comes to an end.
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