I need to terminate my tenancy before the agreed date, can I do it?


Prior to moving into the property you signed a 'Short Assured Tenancy Agreement'.  Based on this agreement the landlord agreed no to reposes the property provided that you were not in breach of contract (i.e. paying the rent, looking after the property, etc).  By the same token, the tenant cannot terminate the tenancy unless the landlord agrees to do so. 

So in essence, the landlord could stipulate that the tenancy has to continue in accordance to the tenancy agreement, and you would be liable to pay the corresponding rent and occupy the property until the end of the tenancy (one of the clauses of the tenancy agreement is that the tenant must occupy the property, apart from reasonable holidays).  Clearly this is not the best option for the tenants who needs to vacate before the originally agreed date.

An alternative is to request the landlord to find a new tenant and to terminate your tenancy once the new tenant has moved in.   You will have to notify us in writing of your intentions, confirming the exact date from which the property could be available.

If the landlord accepts this request, we will market the property straightaway and endeavour to find a new tenant in the shortest possible time.  In the meantime you will still be responsible for paying the rent.  You will also be responsible for the pro-rata cost of the setup fee that we will charge the landlord to find a new tenant.  For example, if you vacated the property half way through your tenancy contract, you will be liable to cover half the cost of the setup fee that we will charge the landlord.

Once new tenants are found and they moved in, we will  terminate your current tenancy and that will be the end of your liability.  Any partial rent that you had paid us in advance but not used (because the new tenant moved in) will be reimbursed to you.

The refund of the deposit will happen in the normal fashion, through SafeDeposits Scotland.


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