Contract termination
Question
I signed a contract to live in rented accommodation with my landlady who also lives in the house. This was signed months before I was due to move in. One month before my moving-in date, my circumstances changed and I no longer wanted to live there. I told my landlady and she said once it was signed, it meant I would have to pay for the full 12 months as there was no get-out clause written into the contract. She wouldnt allow me to give her notice, nor pay her two months rent in advance, and she is insisting I cannot terminate the contract. She did allow me to try to find someone I knew to fill the room but this has proved difficult. What can I do?
Answer
People who live with their landlord and share living accommodation with them (such as a kitchen or living room) are known as excluded occupiers. It's likely this is the type of tenancy you agreed to.
Once you've signed a tenancy agreement, you're bound by it until it's ended correctly. If you want to end the tenancy you should check your tenancy agreement to see if it allows you to end the tenancy early. If there isn't a 'get-out clause', you may only be able to end your tenancy early if your landlord agrees to this. If possible, you should get any amendment to the agreement in writing.
If you end the tenancy early when you don't have the right to do so, you will continue to owe rent to your landlord. Your landlord is entitled to take action to claim the rent from you and they could take you to court to try to get their money. Fixed-term tenants can be held responsible for the rent until the end of the fixed term. The court will decide whether you should pay your landlord the money or not.
If your landlord lets out the property they can't charge you rent as well as the new tenant.
It might be helpful to seek face-to-face advice from your local housing aid centre or Citizens Advice Bureau (CAB).
Updated: 22/09/2008
Question answered by Shelter
