Tenant Moves out before tenancy ends

Tenant Discussion
1

Hi,

We were two tenants renting an apartment together. Recently, one of us got a job in a different city and had to move out.

I spoke to the landlord about finding a replacement tenant, and he agreed, but only on the condition that the new tenant would need to sign a completely new tenancy agreement for a minimum of one year. He also said that until a replacement was found, I would be responsible for paying the full rent and all expenses myself.

Because of these conditions, I decided to move out as well.

However, the landlord is now saying that we must either:

  • pay one additional month’s rent to end the tenancy, or

  • continue paying rent for the remaining four months until the tenancy officially ends.

We asked if the final payment could simply be deducted from the deposit, but he refused. He wants us to transfer the rent to his bank account first, and only after that will he release the deposit.

We had already given notice via email one month before the other tenant moved out.

I’d really appreciate advice on:

  • how people see this situation legally/practically,

  • whether the landlord’s demands seem reasonable,

  • and what the best possible solution would be to get out of this situation fairly.

Thank you.

2

@Mohit2

(Under Renters Righters Act (from 1 may) fixed term tenancies no longer exist. If LL tried to agree a 12month agreement it would be illegal)

Check what your agreement says re giving notice. With the introduction of the RRA on 1st May, you should assume the Landlord will require what it says is a default if it doesn’t say (eg if you were in a fixed length contract)

"You will be able to end the tenancy at any point by giving your landlord notice.This must be done:• so the tenancy ends on a day when the rent is due or the day before the rent is due• in writing, for example, by letteror email

You will need to give your landlord at least 2 months’ notice. You can agree a shorter notice period with the landlord in writing, as long as any other tenants named on the tenancy agreement also agree"

The LL can’t insist on more than that.

Best

3

Thanks for the explanation.

Just to clarify- we signed the tenancy agreement in September 2025, around 8 months ago, before these new rules came in.

Would the new Renters’ Rights Act rules still apply to our tenancy, or only to agreements signed after 1 May?

Thanks again.

4

@Mohit2 yes almost certainly. The new rules apply to all Assured Shorthold Tenancies (check what you have)

Even under old rules unless you had separate tenancy agreements, whatever ‘notice’ given by tenant who moved out didn’t end the tenancy as you have stayed… Legally you and they still liable for the rent etc till the tenancy ends but it’s reasonable to expect you to pay the whole rent meanwhile - the agreement will say you are severally liable which means either of you could be pursued for the whole rent. Why should LL accept lower rent than agreed?

So you have to give notice.

Best

5

I think you are assuming too much here.

We do not know

  1. was the tenancy in fixed term or periodic . what was the fixed period end date?

  2. The notice you serach 1 m before the other tenant moved out. Did you both move out by the time that notice expired, or did you stay on beyond the notice date?

We need to establish what has happened in the past first to see if you original notice stacked up etc.

If you stayed & paid any rent beyond the notice ending, then you will need to searce a new notice, as as RRA is now in force, this should be 2+_ months as David has said.

6

We originally agreed to do a 12-month tenancy, but the landlord insisted on making the agreement 14 months fixed instead. However, he verbally agreed that we could leave after 12 months.

We gave notice after around 8 months of the tenancy, and we fully moved out on the date we informed the landlord about (1 month after giving notice). We did not stay in the property beyond that date.

On OpenRent, the contract end date is shown as 26 Oct 2026.

8

@Mohit2 you need to check the tenancy agreement if it was fixed term of 12 months and didn’t say you could give notice earlier (eg if there is a break clause).then the notice you gave won’t have been valid, whether you moved out or not). In that case you likely need to give notice now.

Best

9

Unless the Landlord accepted the notice. Did they reply to your notice?

1 Like
10

@Karl11 if the LL had accepted the notice they wouldn’t now be asking for extra payment in return for giving notice early, I’d have thought.

But good for @Mohit2 to check as the LL clearly not v well informed if they think they can require a new 12 month tenancy despite RRA

Best

11

I try not to assume anything. Better to gather the facts & make an informed decision.

1 Like
12

@Mohit2

if you think the one months notice given was valid (either due to a break clause as part of the 12m tenancy if it was a fixed term or because it was a periodic tenancy or because it was accepted by the LL).then you don’t need to pay any further rent - but I’d anticipate the LL then trying to claim it from the Deposit as rent arrears, and you’d have to contest via the deposit scheme when LL tries to claim it

Alternatively if it was not valid and no notice period is specified in the agreement or otherwise agreed in writng with the LL then you are likely to have to give the 2 months notice under RRA rules

Good luck

13

Unless your tenancy Agreement had a break clause and allowed you to give only a bare one month’s notice, then your notice was invalid. The notice would also have to have been signed by both of you.The landlord can therefore claim that your tenancy is continuing despite the fact that you have moved out. You could give 2 month’s notice now but you would still owe rent until some time in July. Your best bet is to negotiate or get advice from Shelter. They may be able to find a fault in the Landlords paperwork that you could use as a bargaining chip.

1 Like