Getting out of a contract
Fixed term contracts
A fixed term contract lasts for a fixed period of time (eg 12 months). Most students have fixed term contracts.
Most fixed term contracts do not allow the tenant to leave before the end of the fixed term. Many landlords are willing to waive this provided the person leaving finds an acceptable replacement tenant. Alternatively, some landlords will agree to end a contract early in exchange for money.
If you leave without the landlord’s consent, the landlord can take court action to claim the rent due to the end of the fixed term plus costs and interest. When this happens it is sometimes possible to counterclaim (eg for disrepair). For more information on court action click here.
You can advertise for a replacement tenant on the Accommodation Board on the Union website. If the property is registered with the University, the landlord can also ask Accommodation and Commercial Services (ACS) to advertise the room on the housingfinder website.
Periodic and statutory periodic contracts
A periodic contract is more flexible than a fixed term contract. If you have a periodic contract and you pay rent monthly, every time you pay the rent the contract is renewed for another month. Very few students have periodic contracts.
If you have a periodic contract you are allowed to give notice when you want to leave. In most situations, the length of the notice should be the same as the rental period. In addition, the notice should normally expire at the end of a rental period.
Example:
A tenant who pays rent on the 1st of every month decides to give notice on 19th September. Although the tenant only has to give one month’s notice, the earliest date the notice can expire is 31st October. This is because the notice has to cover the whole of October (the next full rental period).
A statutory periodic contract arises automatically at the end of a fixed term contract when a tenant stays on without agreeing a new fixed term. If this happens, the tenant could be required to give notice as described above, even if s/he only stays on for a few extra days.
Joint contracts
Getting out of a joint contract can be very complicated.
If the contract is fixed term and all the joint tenants want to leave, everyone will need to find replacements or reach a financial settlement with the landlord as described above.
If the contract is fixed term and some joint tenants want to leave but others stay, there are various possibilities.
- The outgoing joint tenants are still liable for the rent so they could carry on paying until the end of the contract.
- The remaining joint tenants could agree to pay the outgoing joint tenants’ rent and, in return, have use of their rooms.
- The outgoing joint tenants could find replacements but they would have to be acceptable to the remaining joint tenants and the landlord.
- The remaining joint tenants could agree to find replacements.
- The group as a whole could decide to sublet the vacant rooms.
If the contract is periodic, one joint tenant serving notice to quit brings the whole contract to an end, even if the other joint tenants do not want to leave.
Subletting
Subletting is a way of getting someone else to cover your rent but it does not get you out of your contract. This means, for example, that if your subtenant fails to pay you all the rent or causes damage to the property, your landlord will hold you responsible. If you are thinking about subletting, check your contract to make sure it is allowed. Many contracts ban subletting or say you need the landlord’s permission first.
Last Updated: 08/01/2013 | Disclaimer




