What happens if you don't end your fixed term tenancy legally

Find out the consequences of leaving a fixed term tenancy early without bringing it to a legal end. 

When your rental liability ends

You're liable for rent as long as the tenancy continues even if you've moved out.

Many tenancies end automatically if you've left by the last day of the fixed term. But some continue as rolling contracts unless you give notice.

Joint tenancies

Your tenancy could continue as a periodic tenancy if any of the joint tenants stay beyond the fixed term. 

This won't happen if those who stay on sign a new agreement with the landlord.

If the landlord finds a new tenant

Your tenancy ends automatically if the landlord relets the property.

Once a new tenancy begins, your contract ends and you're no longer liable for rent.

Your landlord doesn't have to look for a new tenant, but they probably will if you:

  • return the keys to them
  • remove your belongings from the property
  • explain that you've left and are unable to continue to pay rent

You're still liable for rent until the property is relet unless the landlord releases you from the contract. Check if a new tenant has been found after you move out.

References

Your landlord or agent are unlikely to give you a good reference if you leave the contract early without their agreement.

This could make it harder to find somewhere to rent in the future.

What happens to your deposit

Your landlord will probably refuse to return your deposit.

They can keep it to cover things like:

  • unpaid rent
  • cleaning or damage
  • the costs of reletting the property if you left early

Your deposit should be protected in a scheme if you had an assured shorthold tenancy.

You can use the scheme's free dispute resolution service if you disagree with the amount that is withheld.

If your deposit isn't protected, you could consider claiming compensation. Your landlord might counterclaim if you owe them money.

Risk of court action by the landlord

Your landlord can take court action if you owe them money.

They have up to 6 years to make a claim.

They will need your name and address. They could find you at a later date even if you don't give a forwarding address.

It's usually best to settle things before they get to court.

When a court orders you to pay a debt to someone, it's known as a county court judgement (CCJ). It could affect your credit rating.

Find out more about CCJs from Step Change Debt Charity


Last updated 23 May 2019 | © Shelter

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