Can I Get Out of an Assured Shorthold Tenancy Agreement
As a tenant, there may come a time when you need to get out of your assured shorthold tenancy agreement. Fortunately, there may be ways to terminate the agreement early, but it depends on several factors. Here`s what you need to know.
Firstly, what is an assured shorthold tenancy agreement? An assured shorthold tenancy agreement (AST) is the most common type of tenancy agreement in the UK. It is a legally binding contract between a landlord and a tenant, and it sets out the terms and conditions of the rental period.
In an AST, the minimum rental period is usually six months, and the landlord cannot evict the tenant during this time unless there is a breach of the agreement. Once the initial period has ended, the tenancy will continue on a rolling basis, usually on a monthly basis. However, the tenant can give notice at any time after the initial six-month period has ended.
So, how can you get out of an assured shorthold tenancy agreement before the minimum rental period has ended?
1. Negotiate with your landlord: The first step is to try and negotiate with your landlord. Explain your situation and see if they are willing to terminate the agreement early. They may be willing to do so if you find a replacement tenant or pay a fee to cover their costs.
2. Break clauses: Some AST agreements include a break clause, which allows either the tenant or the landlord to terminate the agreement early. Check your agreement to see if there is a break clause and what the requirements are for using it.
3. Surrender the tenancy: Surrendering the tenancy is a mutual agreement between the tenant and the landlord to end the tenancy early. This may involve paying a fee or finding a replacement tenant. It is important to get the agreement in writing and signed by both parties.
4. Legal grounds: If your landlord has breached the terms of the agreement or failed to carry out necessary repairs, you may be able to terminate the agreement early on legal grounds. You may need to seek legal advice and go through the court system to do this.
5. Relevant circumstances: In some circumstances, such as domestic violence or serious illness, you may be able to terminate the agreement early. Again, seek legal advice if you think this may apply to your situation.
In conclusion, getting out of an assured shorthold tenancy agreement early is possible, but it depends on the circumstances. The best course of action is to try and negotiate with your landlord and explore the options available to you. Seek legal advice if necessary, and make sure any agreements are documented in writing and signed by both parties.