Often tenants circumstances can change in a middle of a tenancy term.

  • People move jobs or indeed lose their job,
  • Couples break up or perhaps want to move in together,
  • Families increase in size

The possibilities go on!

As a landlord what is your position?

Hopefully any tenancy agreement you have in place will deal with such a situation but there are some fundamentals a landlord needs to be aware of.

If your tenant asks to leave and you refuse, then you may find it difficult legally to enforce payment of the rent for the remainder of the term and be unable to stop your tenant leaving. Legally you have an obligation to ‘mitigate the tenant’s loss’. This means you would be expected to consider releasing your tenant subject to ‘reasonable’ conditions which would normally include being able to find a new suitable tenant.

Having offered a reasonable way for the tenant to vacate, you are in a much more secure position to ensure that the tenant continues to pay rent and maintain responsibility for the property until a new tenant is found. If a new tenant is not found, then you may need to demonstrate you have done everything you can to try and re-let your property.

It is acceptable, provided it is covered in the tenancy agreement, to seek compensation from an existing tenant for ‘reasonable’ costs you may incur in allowing them to leave early and having to find a new tenant earlier than expected.

If you have any questions regarding your tenancy as a landlord or a tenant then please feel free to call our lettings team on 01206 548222, option 1.

We are always delighted to hear from you.