Tenant Leaving Fixed-Term Tenancy Early – Rent & Deposit Questions

Landlord Discussion Legal
1

Hi all,

I have a tenant who is currently in a fixed-term contract, but he has decided to leave months early with just a few days’ notice.

I understand that I am not obligated to accept his notice, and he remains legally liable for rent until the end of the contract (or until a replacement tenant is found). However, I’m willing to work with him as long as I can recover all my costs and losses.

He has now texted me to say he has left the property and the keys, but I’ve made it clear to him that the tenancy has not officially ended. I have also stated that I may only agree to end it early once a suitable replacement is found.

My Questions:
1. Can I continue to charge rent until a new tenant moves in, even though he has left?
2. Am I correct in thinking I can charge reasonable costs associated with re-letting, including my time?
3. The latest rent payment (due yesterday) has not been paid, and he has told me he cannot afford it as he’s now paying rent elsewhere. Can I deduct from the security deposit now, or must I wait until I find a new tenant first?

Any advice would be much appreciated—thank you in advance!

2
  1. Yes and until the tenant has signed and you have accepted a deed of surrender to end the tenancy inside the fixed term
  2. Reasonable costs yes. Your time almost certainly not.
  3. Assuming the deposit is held with a regulated scheme, you must apply to them for the deduction of any owed rent. As you don’t know how much you are owed until you have a new tenant move in or the current fixed term has elapsed, its better to wait.