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    • ftb_deena
    • By ftb_deena 13th Mar 18, 11:57 AM
    • 15Posts
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    ftb_deena
    Can I leave my tenancy before end of contract?
    • #1
    • 13th Mar 18, 11:57 AM
    Can I leave my tenancy before end of contract? 13th Mar 18 at 11:57 AM
    Hello I am a FTB currently renting. I recently signed a 3-month contract that ends on 19th May. I'm pretty sure I will be exchanging/completing on a house sale soon, so I'm wondering if I can end my tenancy early if I need to?

    I'm hoping to have a move-in date by March 19th, which my solicitor said is doable. (not move in by this date, but have a date to work towards by then)

    Does this sort of thing depend on different landlords? He's a cool guy, but he has been chasing me for a date, and fairly so!
    Last edited by ftb_deena; 13-03-2018 at 12:34 PM. Reason: I'm confusing people!!
Page 1
    • Comms69
    • By Comms69 13th Mar 18, 11:59 AM
    • 2,970 Posts
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    Comms69
    • #2
    • 13th Mar 18, 11:59 AM
    • #2
    • 13th Mar 18, 11:59 AM
    Basically there are only a few ways to end a tenancy - the easiest for you is by agreement.


    Set a completion date, let your landlord know and hope he agrees.


    (if you were moving soon, im not sure why you signed a 3 month contract 3 weeks ago tbh!)
    • ftb_deena
    • By ftb_deena 13th Mar 18, 12:00 PM
    • 15 Posts
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    ftb_deena
    • #3
    • 13th Mar 18, 12:00 PM
    • #3
    • 13th Mar 18, 12:00 PM
    We signed the contract and then found our house days later!!

    It was bad timing, but without signing we would be homeless right now....
    • ViolaLass
    • By ViolaLass 13th Mar 18, 12:03 PM
    • 5,385 Posts
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    ViolaLass
    • #4
    • 13th Mar 18, 12:03 PM
    • #4
    • 13th Mar 18, 12:03 PM
    And everything pertaining to buying the house has been done - searches etc, only exchange and completion are left?

    Because if not, two months is a nice amount of time to get all that done and then move out of your rental, clean it etc just in time to give it back.
    • hazyjo
    • By hazyjo 13th Mar 18, 12:04 PM
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    hazyjo
    • #5
    • 13th Mar 18, 12:04 PM
    • #5
    • 13th Mar 18, 12:04 PM
    Most purchases take 12 weeks average. Are your vendors really going to be ready to actually complete by next Monday?! Are they at the top of the chain?
    2018 wins: Single Malt Whisky; theatre tickets; festival tickets; year of gin(!); shoes
    • SharkBite
    • By SharkBite 13th Mar 18, 12:04 PM
    • 40 Posts
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    SharkBite
    • #6
    • 13th Mar 18, 12:04 PM
    • #6
    • 13th Mar 18, 12:04 PM
    Nothing to stop you leaving. Though you would be liable to pay all rent due up to the end of the tenancy unless agreed otherwise with your LL. Get anything agreed in writing.

    People can be "cool" until money is involved...
    • Comms69
    • By Comms69 13th Mar 18, 12:06 PM
    • 2,970 Posts
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    Comms69
    • #7
    • 13th Mar 18, 12:06 PM
    • #7
    • 13th Mar 18, 12:06 PM
    We signed the contract and then found our house days later!!

    It was bad timing, but without signing we would be homeless right now....
    Originally posted by ftb_deena
    No you wouldn't. eviction takes months....
    • ftb_deena
    • By ftb_deena 13th Mar 18, 12:15 PM
    • 15 Posts
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    ftb_deena
    • #8
    • 13th Mar 18, 12:15 PM
    • #8
    • 13th Mar 18, 12:15 PM
    Yep, just exchange and completion to go! Very friendly with the sellers and believe everything is up to date, I have a call with my solicitor tomorrow. We are FTB so no chain, and sellers are moving into rented, which is all sorted for them.

    Thanks for all advice, I will definitely get anything in writing!!
    • fairy lights
    • By fairy lights 13th Mar 18, 12:16 PM
    • 8,577 Posts
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    fairy lights
    • #9
    • 13th Mar 18, 12:16 PM
    • #9
    • 13th Mar 18, 12:16 PM
    Wait so you moved in to your rental property on the 19th Feb, found a house you wanted to buy three days later and seriously expect to have the keys in your hand by next Monday?
    Are you in the UK?
    • ftb_deena
    • By ftb_deena 13th Mar 18, 12:18 PM
    • 15 Posts
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    ftb_deena
    No fairy lights.

    I moved in in February 2017 on a 6 month contract. Renewed for 3 months from then. And then another 3 months (before I found my house). I obviously renewed contracts before they were ending. And yes in UK.

    Please don't assume!
    • G_M
    • By G_M 13th Mar 18, 12:22 PM
    • 44,412 Posts
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    G_M
    Fairy lights point was regarding the speed of your purchase I think:

    22nd Feb to 19th March is fast for the UK. Thugh not impossible.
    • ftb_deena
    • By ftb_deena 13th Mar 18, 12:23 PM
    • 15 Posts
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    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
    • By fairy lights 13th Mar 18, 12:27 PM
    • 8,577 Posts
    • 28,536 Thanks
    fairy lights

    Please don't assume!
    Originally posted by ftb_deena
    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
    • By ftb_deena 13th Mar 18, 12:31 PM
    • 15 Posts
    • 7 Thanks
    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.
    Last edited by ftb_deena; 13-03-2018 at 12:35 PM.
    • G_M
    • By G_M 13th Mar 18, 12:36 PM
    • 44,412 Posts
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    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
    • By ftb_deena 13th Mar 18, 12:38 PM
    • 15 Posts
    • 7 Thanks
    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
    • By agrinnall 13th Mar 18, 12:40 PM
    • 20,326 Posts
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    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
    • By Smodlet 13th Mar 18, 12:43 PM
    • 3,171 Posts
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    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.
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    • saajan_12
    • By saajan_12 13th Mar 18, 1:24 PM
    • 1,251 Posts
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    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
    • By ThePants999 13th Mar 18, 1:43 PM
    • 1,165 Posts
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    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!
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