As a tenant, you may find yourself in a situation where you need to break your fixed-term tenancy agreement before it comes to an end. Perhaps you need to move for work or personal reasons, or you may be experiencing issues with your landlord that make it impossible for you to remain in the property. But can you legally break a fixed-term tenancy agreement? Let`s take a closer look.
What is a fixed-term tenancy agreement?
A fixed-term tenancy agreement, also known as a lease, is a type of rental agreement that specifies a set period of time during which the tenant agrees to rent the property. This period is typically for six months or one year, although it can be longer or shorter depending on the agreement between the tenant and landlord.
During the fixed-term period, both the tenant and landlord are bound by the terms of the agreement. This means that the tenant cannot move out before the end of the fixed term without the landlord`s permission, and the landlord cannot ask the tenant to leave before the end of the fixed term unless there is a breach of the agreement.
Can a fixed-term tenancy agreement be broken?
The short answer to this question is yes, a fixed-term tenancy agreement can be broken, but it may come with consequences. The tenant may be required to pay the remaining rent owed for the fixed term, or the landlord may take legal action to recover the rent owed. Additionally, the tenant may lose their security deposit or face a legal battle with their landlord.
However, there are some circumstances under which a fixed-term tenancy agreement can be terminated without penalty, including:
1. Early termination clause
Some fixed-term tenancy agreements include an early termination clause that allows the tenant to terminate the agreement before the end of the fixed term, usually with a penalty fee. If your agreement includes this clause, you may be able to terminate your tenancy agreement by following the procedure outlined in the agreement.
2. Mutual agreement
If both the tenant and the landlord agree to terminate the fixed-term tenancy agreement early, then it can be done without any penalty.
3. Breach of contract
If the landlord breaches the terms of the agreement, such as failing to carry out repairs or maintenance to the property, the tenant may be able to terminate the agreement without penalty.
4. Uninhabitable property
If the property becomes uninhabitable due to reasons beyond the tenant`s control, such as damage from a natural disaster or fire, then the tenant may be able to terminate the agreement without penalty.
In conclusion, breaking a fixed-term tenancy agreement can come with severe consequences, but it is possible under certain circumstances. The best approach is to review your tenancy agreement carefully before signing it to ensure that you understand the terms and conditions. Additionally, if you need to break the agreement, it is advisable to speak with your landlord and seek legal advice to minimize the potential consequences.