This is a question to the blog clinic from Alan who is a landlord.
Hi I have a tenant with a letting agent AST with break clause. Tenant moves out 3 months early , no notification from agent of this, no notification to landlord either , can landlord insist that three months rent still due or not? Landlord still holds deposit.
The normal rule in any contract situation is that where person A is in breach of the terms of the contract, the other person, person B, is entitled to be put in the position they would have been in had person A done what they should have done.
So in the context of a tenant moving out with no notice:
- They are liable for rent to the end of the fixed term (on a month by month basis) or
- If it is a periodic tenancy the landlord is entitled for rent in lieu of notice (normally this will be one month).
- Where the tenant moves out during a fixed term where there is a break clause, the landlord will be entitled to rent to cover the notice period in the break clause.
So if under the break clause the tenant has to give two months written notice (as is normal) then the landlord is entitled to two months rent in lieu. When can be deducted from the tenancy deposit.