Can the tenant break 12 months Fixed Term Contract after 9 months?

Landlord Discussion Legal
1

Hi,
One of my friends is a tenant and his tenancy is via OpenRent.

He moved in to his property almost 9 months ago.

Recently due to personal reasons, he wanted to give notice and vacate the property.

But the landlord said he is on a 12 Month Fixed Term contract, so his break clause will be only after 12 months and also his notice period is 2 months.

He already lived in the property for 9 months. He wants to move out due to personal reasons. Is it possible to break it now?

Thanks

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2

I don’t think so if there’s no break clause. He has to wait for the end of the tenancy.

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3

Tenant will be liable for rent and the respective bills until 12 months is up.

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4

Your friend could offer to cover the LL’s costs while another tenant is found - most LLs would accept this, but a tenancy agreement is a legal agreement & cannot be broken unilaterally.

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5

If its a fixed term contract, he can leave without notice at the end of the term. The 2 month notice requirement is likely unenforceable.

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6

Two options:

There is a no break clause in the contract - no he can’t give two months’ notice.

He has the standard OR contract - there is a break clause and he can give notice

Regardless of what’s in the contract he can decide to leave (without notice) after the 12 months. However, if he stays even one day past the contract he’ll be in a periodic and need to give notice in accordance with the contract terms, if any.

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7

Your friend should read his tenancy agreement. The chances are the answers you seek are within.

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