Tenant wants to end their short assured tenancy

A tenant wishing to leave their accommodation before the end of their tenancy agreement may have a clause in the tenancy agreement that allows them to do this (break clause). If there is no break clause and the contract is still in operation, whether in the original period or through tacit relocation, then a tenant who gives notice and leaves the property will be liable for rent for the remainder of the fixed term. A landlord in this situation would have to raise a legal action to establish the breach of contract and the extent of their loss. English caselaw has held that the landlord does not have to show that they had attempted to mitigate their losses (for example, by re-advertising the property). [1] To avoid this situation arising, it may be possible for the tenant to find someone else to occupy the property and come to an informal agreement with the landlord or to formally assign the tenancy.

If the short assured tenancy is now a statutory short assured tenancy because a valid notice to quit has been served to prevent it from tacitly relocating, the tenant is required to give a minimum period of notice under common law, which will be either 28 clear days if the lease is for four months or less, or 40 days if the lease is for more than four months. [2]

Where a tenant leaves the property because the landlord has breached the terms of the lease (for example, the house is damp) it may be possible to argue that the landlord has breached the terms of the tenancy and threaten a counterclaim action for damages (should the landlord seek payment for outstanding rent for the remainder of the fixed term).