Unfortunately there are not many ways of getting out of a fixed term tenancy agreement, be they in private property or university-owned property. Tenancy agreements are legally binding documents and the failure to pay your rent means you or your guarantor could be asked to cover any rent arrears that you build up.
Once a fixed term ends without being renewed, a periodic tenancy starts and tenants can normally leave these with one month’s written notice. These are rare for tenants who rent through a letting agent, and especially students who usually have a tenancy for the whole academic year.
For students, most tenancies are Assured Shorthold Tenancies which usually cover the beginning to the end of your term time.
If your tenancy is an Assured Shorthold Tenancy, you have agreed to rent your accommodation for the fixed period specified. Moreover, most landlords request tenants to be jointly and severally liable. This means that as well as your own share of the rent, if any of your other housemates can’t pay their share of the rent, then the landlord can require you and the rest of your housemates to pay it instead.
Some tenancy agreements do have a break clause, which you should check your contract for. This will allow you to leave during your fixed term, if you give the right amount of notice at the right time. However, very few student contracts have such a clause.
It is always possible for parties to agree to end the tenancy at any time by way of a surrender. This needs to be done with a deed of surrender, which will formalise the agreement and release both the tenant and the landlord from their obligations. This is one of the few situations in which a letting agent can charge a fee to cover reasonable costs of reletting the property – in practice this may include rent for the period it takes them to find a new tenant.
In some circumstances, you may be able to end a tenancy early without penalty if the landlord had misrepresented it to you, or used other unfair methods to make you sign the contract. This is called the Right to Unwind and can be exercised by informing the landlord or agent that you wish to reject the contract within 90 days of it starting – ideally in writing. If the landlord does not agree, you may have to apply to the court to have this ruled on.
If it’s within 1 month you may get a refund of your rent. If it’s after 90 days you won’t be able to unwind the contract, but you may be able to apply for a discount on the rent. For more information see the Shelter website.
Within the first six months of the tenancy it is also possible to challenge the rent you pay at the first-tier tribunal. The tribunal will decide what the market rent for the property is, and takes into account the conditions of the property, so may be an option if the home is in poor condition and this wasn’t reflected in the rent you agreed. Read more
Students can find more information with Citizen’s Advice here and all renters can find out about tenancy agreements here.
