Here is a question to the blog clinic from Paul (not his real name) who is a tenant
We are renting a property for the last 3 years. The current agreement contains 2 month notice break clause. We served this notice to vacate the house.
Can I vacate the property any time before the end date and pay the liable rent?
Do I need to hold the property until last day and come back on the last day to vacate the house?
What are the tenants rights on this situation?
Your landlord can’t force you to remain living in the property if you want to leave, or ‘refuse permission’ for you to vacate. Its all about the rent that you pay.
So if you want to move out before the end of your notice period thats fine so long as you pay the landlord the rent he is entitled to up to the end of your notice period.
If you want to move out early, notify the landlord in good time so that a check out report can be arranged before you go, but make it clear to the landlord that you accept that you are liable to pay rent until the end of your notice period.
Or until the end of the fixed term if you are moving out before your fixed term has ended.
Then once you have moved out, return the keys to the landlord or his agent along with any remaining rent outstanding and confirm (in writing) that you have now vacated.
If your landlord fails to arrange for a checkout inspection at or before the time you leave, you will then be able to put him to proof that any damage was done before you vacated, if your landlord seeks to make deductions from your deposit which you do not agree with.
If you want to end your tenancy by serving a Tenant’s Notice to Quit on your landlord, you will find guidance on the law and Notice to Quit wording in my Tenant Advice Guide here