Hello. My AST is for a year with a 6 month break clause. It ends on 31st March. Due to a change in personal circumstances, I informed him on 4th Feb that I would not be renewing the contract as I needed the flat back. He now says that he has found a new place and wishes to move out on 7th March.
My question is: Is he obligated to pay rent up until the end of the contract on 31st March even if he is leaving early? Or does he just pay up till 7th March?
Strictly speaking the tenant is liable for the rent and Council Tax until the 31st March. However, many landlords would release the tenant from their contractual obligations a few weeks early recognising the difficulty in finding a tenancy that starts at the same time the current one ends. Also the fact that you want the property back and the tenant has been proactive in finding a new place.
I agree with previous post. Do not make this any more difficult than it needs to be. The very last thing you want is for your tenant to change their mind. Let them go.
Should the LL give 2 months notice to the tenant? 4th Feb to 31st March ? The tenant could argue this. Play a nice LL and allow the tenant to go and it would be wise to document the earlier departure in writing and both to sign it. Needless to say, the departure check etc in case you need to claim for any items.