Breaking a fixed term tenancy agreement can be a complicated and potentially costly process, so it’s important to fully understand your rights and responsibilities before deciding to do so.
Firstly, it’s important to understand what a fixed term tenancy agreement is. This is a type of tenancy agreement where a tenant agrees to rent a property for a fixed period of time, usually six or twelve months. During this period, the tenant is bound by the terms of the agreement, which may include restrictions on subletting or early termination.
If a tenant wishes to break a fixed term tenancy agreement, they will need to consider a number of factors. Firstly, they should look at the terms of their agreement to see if there are any provisions for early termination. Some landlords may include a clause allowing the tenant to break the lease early in certain circumstances, such as a job transfer or serious illness.
If there are no provisions for early termination in the tenancy agreement, the tenant may still be able to break the lease, but they will need to negotiate with the landlord. If the landlord agrees to terminate the lease early, they may require the tenant to pay a penalty fee or forfeit their security deposit.
In some cases, tenants may be able to break a fixed term tenancy agreement without penalty if the landlord has breached their obligations under the agreement. For example, if the landlord fails to carry out necessary repairs or maintenance, the tenant may be able to terminate the lease early without penalty.
It’s important to note that breaking a fixed term tenancy agreement without proper justification can lead to legal consequences. If the tenant simply decides to leave the property before the end of the fixed term without agreement from the landlord, they may be held liable for the rent that would have been due for the remainder of the lease.
In conclusion, breaking a fixed term tenancy agreement can be a complex and potentially costly process. It’s important for tenants to fully understand their rights and responsibilities before deciding to terminate their lease early. Reading the tenancy agreement carefully, negotiating with the landlord and seeking legal advice if necessary can all help to ensure a smooth and successful early termination.