My tenant wants to move out early, what's the procedure for this?

Question

My tenant wants to move out early, what's the procedure for this?

Answer

The first thing to check is if there are any clauses written into the tenancy agreement that allows a break clause or notice period. If there are any guidelines within your tenancy agreement, you should follow these guidelines.

If there is no break clause or notice period, the next step would be to draw up a deed of surrender. This is a document that legally confirms that the tenant surrenders their right, and interests, to the property, and the landlord accepts the surrender. Both you and your tenants would need to accept and sign the document in order for it to be valid.

If a tenant wants to leave early and break the agreement, it is not uncommon for the vacating tenants to agree to be liable for and pay the rent until you find some more tenants to take on the property. This would be something you may wish to consider, so you are not left ‘out of pocket’ whilst you advertise for new tenants.

Also, take the time to discuss with your existing tenants how flexible they will be with regards to access and availability for viewings. If you are having to find new tenants fairly quickly it may be that you need to work together to make sure that you are able to accommodate any viewing requests and it is good to ensure that this is agreed before the process starts.

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