You want to end your tenancy, the question is: do you have legal grounds to do so? If you don’t, then how do you go about it? Don’t worry, let’s address this.
As a tenant, bringing your tenancy to an end may be for various reasons, but you have to be careful. A tenant in a fixed tenancy cannot, at any point during the tenancy, terminate their contract, unless there is a “break clause” or they have consent from the landlord. If a tenant vacates the property in a fixed tenancy, they may be forced to continue to pay rent for the property for the duration of the agreed tenancy. A periodic tenancy is more lenient.
Fixed tenancy? A fixed tenancy is a type of tenancy where the tenant has signed up for the long haul; it is usually no less than a year. Normally in a fixed tenancy, a tenant is not expected to want to opt out of a tenancy all of a sudden. However, in the event that they want to, certain conditions must be in their favour:
Break Clause: A break clause is a buyout included in the terms of a fixed tenancy agreement. A break clause may empower the tenant to end the tenancy before the end of the fixed period.
Landlord‘s Consent: A fixed tenancy may be brought to an end if the landlord agrees to relinquish the holding of the tenancy agreement. This is called “surrendering”.
Periodic Tenancy: A periodic tenancy is a type of tenancy where the tenant is paying rent on a monthly or quarterly basis and, in most situations, the tenant knows they cannot stay long in the location, so, there is no need to make a long-term tenancy commitment. Because of its flexibility, a periodic tenancy agreement can be ended at any time, as long as the right notice is given.
The tenant must give the landlord a quit notice of 21 days, except if the landlord agrees to early termination of the tenancy. During the 21 days, the tenancy is still active, and rent is still payable.
Joint Tenancy: If you are involved in a joint tenancy, it is vital to know that if one of the tenants should serve a legitimate notice to quit, then the tenancy is over.