The Letting Centre

Tenant's Notice to Quit

Question: 61
The tenants of one of the properties that I manage want to give notice to quit on a fixed term tenancy. The tenancy was granted for 12 months starting in January of this year and no break clause was included in the tenancy agreement. I did not think that the tenant could give notice but the tenants have taken advice from the local Citizens Advice Bureau who have told them that they are permitted to give one month's notice on this type of tenancy. What would happen if the tenants left anyway ?
Answer:
The landlord is not obliged to accept the notice (although the landlord may of course voluntarily accede to the request - this is called mutual surrender). A fixed term tenancy is just what it appears - a contractually binding agreement which binds the tenant just as it is binding on the landlord. If the tenants left anyway, the landlord could claim damages for breach of contract. Although the landlord would be obliged to mitigate his loss (by trying to relet the property as soon as possible at a reasonable rent), he could claim for his lost income whilst the property was empty and any expenses incurred in re-advertising and re-letting the property.
References:	Pages:	Hyperlinks:
Letting Handbook	Chapter 12	letting-handbook-and-factsheets.html

For more information, discuss on the Forum