Q&As
If a tenant of an assured shorthold tenancy vacates the property before the end of the fixed term of the tenancy and the landlord later relets for a lower rent, can the landlord claim the balance of rent until the end of the fixed term? Or are they unable to on the basis that, having relet the property, the tenancy is surrendered by operation of law?
This Q&A raises the effect of a tenant vacating property before the end of a fixed-term tenancy agreement.
A tenancy has the protections of an assured shorthold tenancy (AST) under the Housing Act 1988 (HA 1988), if and so long as the tenant (or in the case of a joint tenancy, at least one of them) occupies the dwelling house as an only or principal home. For as long as that state of affairs exists, the tenancy will have the protection of HA 1988. Once it stops, that protection is lost. Ceasing to occupy the dwelling house as an only or principal home does not of itself, however, bring the tenancy to an end.
Once
To view the latest version of this document and thousands of others like it,
sign-in with LexisNexis or register for a free trial.