A tenant in a fixed term tenancy, can only end the tenancy before the end of the term with the agreement of the landlord or if this is allowed for by a “break clause” in the tenancy agreement. Where a ‘break clause’ exists the tenant must follow any requirements for giving notice specified in the tenancy agreement.
If the agreement does not allow the tenant to end the tenancy early and the landlord does not agree that he or she can break the agreement, the tenant will be contractually obliged to pay the landlord the rent for the entire length of the fixed term. In a recent case concerning a commercial tenancy, it was found that if a tenant leaves while still bound by a fixed term, the landlord is under no duty to mitigate the loss by re-letting the property quickly. Although a landlord would be well advised to do so for his own benefit.
There appears to be no reason why this recent case will not apply to residential tenancies. Reasonable re-letting costs can be charged for this. Once a new tenant is found, there should be no ‘double charging’ for the same period.
If the tenancy has no fixed term, the tenant must give the landlord notice in writing of their intention to leave. The tenant must give at least four weeks’ notice where rent is paid on a weekly basis and at least a month’s notice where rent is paid on a monthly basis. A tenants
notice must end either on the last day of a period of the tenancy, or on the day when, but for the notice, a new period would commence. (in most cases this means a tenants notice may end on the day before the rent is due, or on the day the rent is due).
In the absence of express terms to the contrary, where there are joint tenants, the notice may be given by one of them without the concurrence of the others. However, a short notice or a notice exercising a break clause must be given by all of them.
Should a tenant give a valid notice to quit (i.e. in writing, correct length and expires on correct day) and the tenant fails to leave on the date provided in the notice, then the landlord is entitled to double the rent that was due before the notice expired. The landlord must treat the tenants as trespassers for this to apply i.e. he must not agree to them remaining in occupation.