How to end a tenancy before you move in

If you agree a tenancy, it usually means you cannot end it until a fixed term runs out or there is a break clause.

This is whether you move in or not.

Agreeing a tenancy means that you did things like:

• accepted tenancy terms like the rent amount

• set a move in date with the landlord

This includes tenancy agreements signed in person, by post or online.

But if you and the landlord only talked about renting a property and you did not agree to the terms, there might not be a proper agreement.

It is harder for a landlord to say that you have a tenancy agreement if you only talked about it and do not have a written contract.

You are responsible for rent from the day the tenancy starts even if you do not move in.

What to do if you cannot move in

You can ask to end the agreement.

The landlord might agree to end a fixed term tenancy if you have a good reason. For example:

• you will not be able to afford the rent

• you are no longer going to university in the area

You are responsible for rent until your tenancy ends.

Your tenancy ends automatically if the landlord moves a new tenant into the property.

Unwinding the contract

You have the 'right to unwind' a tenancy agreement if the landlord or agent gave you wrong information about the tenancy or the property.

For example, if you signed the contract because adverts said the property had furniture and the letting agent said all the furniture was included. But then you were told to get your own furniture.

It does not count as misleading or wrong information if the landlord or agent did not mention something. For example, if the property is near a building site that is very noisy.

But this could still count as an unfair trading practice.

You must tell the landlord or agent that you do not want the contract within 90 days of the tenancy start date. You could use our letter template.

If you paid a holding deposit

You usually have 15 days to agree a tenancy.

You could lose your holding deposit if you decide not to go ahead.

You can change your mind if you have a good reason.

Find out more about holding deposits.