Hi everybody. Myself and my fiancee let our apartment on standard 12 month fix term at the beginninng of May. Due to a change in circumstances need to move back to the apartment. Checking our agreement to tenant, no mutual break clause. Having spoken to the tenant, they are understanding of the situation, and happy to start looking for new accomodation. Without a mutual break clause are there any issues around both parties agreeing and ending the agreement?
Update, there is a mutual break clause, the question should have been if the tenant finds somewhere else (and there’s a pet, so needs to start looking sooner than without), can both parties mutually break before 6 months have elapsed?
And will the tenant’s deposit be held until the 6 months in the event he is able to find somewhere pet friendly with a move in date within the period (4 months plus 2 months for Section 21)?
The landlord and tenant can both agree to end a tenancy early through a deed of surrender. If the tenant is unable to find anywhere, you would have to follow the break notice clause and the s21 regulations. If the tenant does not leave on expiry of the notice, then you would have to go to court to recover possession. This could take many months, so I would suggest you attempt to keep good relations with the tenant as far as possible.
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