Can I leave my tenancy before end of contract?

ftb_deena

My purchase started on the 7th Feb though, I'm not sure where 22nd has come from???

My contract date renewed on 19th Feb, but I signed the contract before this date.We was having a lot of trouble finding a house (a sale already fell through and wanted a place to live secured!) Thanks for clarifying though.

fairy_lights

ftb_deena wrote: »

Please don't assume!

You said you signed a three month contract and would have been homeless if you didn't, so I'm not assuming anything.
But if you were already living in the property it begs the question why you signed a new contract when you knew you were looking to buy a property?

ftb_deena

As I say I am a FTB. My contract ended on Feb 19th which as far as I was aware, I had to be out the rented flat by then unless I renewed the contract.

I did just want to know whether it is possible to end the contract early or not, so thank you for all your help!!

I've also edited my first post in this forum as I think it was worded confusingly, I want a date BY 19th March, I don't want to move in on this date.

G_M

You said you found the property 3 days after renewing your contract.

19th Feb + 3 days is......?

No, you did not need to leave on 19th - if you had stayed you would have automatically created a new periodic tenancy.

As advised, you can end your current tenancy if the landlord agrees. Otherwise not.

ftb_deena

The contract renewed then but I signed it before then. I found a property a few days after I signed the contract.

I obviously haven't explained this very well haha, but thank you, I'll speak to the landlord for sure.

agrinnall

You seem to be quite confused about dates. If your purchase started on 7th Feb then you knew all about it by the 19th, and the time in between would have been when to come here to ask what to do - it's likely we would have suggested negotiating an extra month or two with your LL.

Cross posted with #16, but the underlying point remains.

Smodlet

It is possible with and only with your LL's agreement, ftbDeena, otherwise you can leave when you like but would be liable for the rent for the full term of your contract.

I wish you luck with your move and hope you will be happy in your new home.

saajan_12

All this talk of dates and what you should have known is now irrelevant, but i'll include a couple of points incase it helps anyone in future.. hopefully this will stop the back and forth.

CAN YOU LEAVE EARLY?
1. Contractually, you are liable for rent for the full fixed term ie until 19 May and may have clauses requiring you to notify LL for extended absenses eg >30days

2. You may be able to negotiate an early surrender with the LL - they are under no obligation, so its whatever you both agree. E.g. could offer to help with viewings / cover rent until a new tenant is found to minimise void for the LL in return for cutting your rent liability short.

WHY RENEW TENANCY?
1. Evidently OP signed a tenancy renewal ~ 4 Feb for a new fixed term 19Feb-18May before it was actually due. They then found a house to buy ~7 Feb, 3 days after agreeing the renewal.

2. OP- I understand you hadn't found the house when you signed the renewal, but since you were looking to buy, it would be more advisable to go onto a rolling periodic tenancy.

3. The fixed term is not the total tenancy, it's just the minimum tenor. If you stay after the fixed term, you simply roll into a periodic tenancy (either CPT or SPT). You can terminate by giving 1 full tenancy periods notice (unless notice specified otherwise in your latest contract). The LL can terminate but would need take 4+ months (S21 notice + possession order + bailiffs)

ThePants999

This hopefully won't be something you'll ever need to know again now you're buying a place, OP, but you've misunderstood how tenancy contracts work. When it comes to an end, you do not have to leave. If you don't sign a new contract, your tenancy does NOT end - you begin a periodic tenancy. If the landlord was unhappy about you refusing to sign, they would have had to start eviction proceedings against you, which would have taken a MINIMUM of two and a half months, and probably a lot longer!

Smodlet

ThePants999 wrote: »

This hopefully won't be something you'll ever need to know again now you're buying a place, OP, but you've misunderstood how tenancy contracts work. When it comes to an end, you do not have to leave. If you don't sign a new contract, your tenancy does NOT end - you begin a periodic tenancy. If the landlord was unhappy about you refusing to sign, they would have had to start eviction proceedings against you, which would have taken a MINIMUM of two and a half months, and probably a lot longer!

True, but not everyone is that kind of tenant though it is easy to forget that on this board. Not everyone wants the hassle. Some prefer to abide by the rules and not go out of their way to cause themselves or their LLs a load of legal hassle, to say nothing of expense. Some tenants behave with decency. Let us hope the OP's LL does so too.