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  • Legal FAQs

    Tenant wants to end tenancy early 6 month AST

    My tenant who has only been in the property for four months, has asked if she can end the tenancy early. I don't want to be unreasonable so whilst I could hold her to staying for the full six months I decided that would be a bad decision.

    We came to the agreement that she would leave at the end of the fifth month, but now she has already moved out and ready to give me the keys back and have me inspect the property so she can get her deposit back. There are still two weeks until the end of the fifth month, are there any implications for me taking the keys back early?

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    I had one leave 1  months in ... I agreed in writing with a whitness to a surrender ... we agreed to a payment to cover the agents fees I had paid so I charged then £650 .. instead of £2400 ... the property had to be handed back in same order as move in on a a agreed date ... it went without issue .

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    My tenant has been fine in every way barring leaving early, my main concern is just from a legal standpoint.  If I accept the keys two weeks before the date that we agreed the tenancy would end on, am I leaving myself open to her potentially claiming back those two weeks worth of rent?

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    Accepting the keys does not terminate the tenancy as far as I am aware. Obviously claim the rent arrears from the deposit. Contracts are not a one sided agreement and tenants have to be made aware of this.

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    Yes there are 6 weeks of o/s rent as at today - so hopefully deposit covers that.

    Downside is that from say tomorrow CT falls on landlord as well as maybe Water Rates/daily charge for Gas/Elec.

    An alternate view I guess is that deposit covers o/s rent and tenancy ends after the agreed/contracted 6 months and in meantime property is hopefully relet.

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    Yes so I will be liable for council tax, water, gas/elec as soon as I take the keys, I assumed that would be the case.  It's not ideal, as when I agreed to let her out of the contract early and we agreed a date, I didn't anticipate her wanting to hand over keys two weeks before that date.

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    There are no rent arrears, her last rent payment covers her for two more weeks, but she is looking to hand keys back tomorrow.

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    May be best to get signed witnessed statement to effect that Tenancy concludes on last day of 6 month AST and save CT etc until getting new Tenant - who will themselves likely have to give notice to current LL - hence not be able to move in for that 6 week period till end of AST.

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