Property and Homes

Fixed term tenancy – Steps landlords can take if your tenant wants out

A fixed term tenancy agreement details the legal rights and responsibilities of landlords and tenants detailing things like how long the property will be rented out for, rent rates, tenant obligations, landlord repair obligations and much more.

The difference between a fixed term tenancy agreement and a periodic tenancy is that one is for a fixed term, i.e. 6 months, 1 year 2 years and the other is rolling either monthly or weekly.

Fixed term tenancy process if your tenant wants out

When a tenant signs a new tenancy agreement they are essentially committing to rent your property for a fixed period of time but, there may be times when a tenant may decide they want to leave the tenancy early for various reasons. When this happens it is usually in the landlord and tenant’s best interest to reach an agreement as soon as possible.

How can you end a fixed term tenancy?

You can end your fixed term tenancy early if

1. Your tenancy agreement says you can, this means you have a break clause.

2. You can negotiate a surrender of fixed term tenancy with the landlord which could involve a re-assignment of the tenancy agreement or the tenant agreeing to pay rent for an agreed amount of time in order to allow the landlord reasonable time to find a new tenant.

The alternative for both parties when it comes to ending a fixed term tenancy before it contractually comes to an end would be to seek redress from the courts however in most cases it is usually more cost-effective and less time-consuming to come to an agreement.

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