Tenant wanting to end their tenancy early

Landlord Discussion Legal
1

We have rented a property with a 12 month initial term with the option to end the tenancy after 6 months by giving 2 months notice under the mutual break clause.

There have been a few instances of anti social behaviour in the locality and the tenant messaged us today advising that they would be moving out at the end of the month.

Our initial approach would be to remind them of their obligations under the tenancy agreement that they have signed but being practical we will probably agree to end the tenancy early and issue a deed of surrender.

We will obviously be losing out on rent through no fault of our own and aren’t sure if we can ask for payment of say 2 months rent in lieu of notice even if we agree to end the tenancy within the next month. Basically are we only entitled to request that rent is paid up to the date that is included in the deed of surrender.

2

You can claim the rent you lose until you get someone else in. I would probably ask for 1 months rent for allowing to leave early and say if they allow good access for viewings you will repay part of this is if you get new tenants within 1 month of them leaving on a proportional basis. There is a lack of rental properties generally so the void period may be minimal.

3

I agree a deed of surrender is the sensible way forward. Once it’s signed, no more rent is due, so you should ask for a fixed sum in settlement as part of the surrender, unless you think its likely to lead to them doing a runner.