Home > Ask Our Experts > How do I get out of my Shared Lease?

How do I get out of my Shared Lease?

By: Garry Crystal - Updated: 7 Dec 2012 | comments*Discuss
 
Lease Breaking Contract Tenancy Landlord

Q.

My son signed a new lease for his shared flat approximately 4 weeks ago. After signing the lease he then lost his job and has been unable to find employment in that area; however he has come home and found employment in this area. Is there any way he can get out of the lease?

(Mrs Linda Simpson, 16 December 2008)

A.

Breaking The Lease

The shared lease contract is a legally binding document and as such there will be a list of terms and conditions included. These should be read very carefully as there will be clauses regarding ending a lease early and the notice needed to end the lease. Having an understanding landlord will be beneficial if you want to end a lease early. They may allow early release if your son can find someone who will take over the room before he moves out. Alternatively if you give two months notice instead of one month this will give the landlord time to find another tenant. The feasibility of these options will of course depend on your landlord.

Lease Terms And Conditions

The terms and conditions of the lease contract should give some idea of your son’s rights in this matter. There may be clauses that state your son will have to guarantee the new tenant’s rent if he was the one who found the new tenant. Your son may not have to guarantee the rent if the new tenant provides a large deposit or has equal financial means as your son. There may also be clauses in the lease that contain information on breaking the lease early.

Tenancy Fees

If your landlord is less than understanding about the situation and your son still decides to leave then the landlord can apply fees. A number of lease agreements will have clauses that state how many months a landlord can charge if the lease is to be broken early. The landlord may only apply these charges until he or she has found another tenant. The landlord may also apply some administration fees if you decided to end the lease earlier.

Breaking A Lease And Repairs

Another way to legally break a lease is to find something wrong with the actual flat. This may take the form of certain promises that were made in the lease for repairs needed to the flat or promised facilities that were never provided. This route of breaking a lease is never certain and legal advice should be taken. A casual conversation with the landlord over repairs will not usually stand up in court; the promised repairs details should be included in the lease contract. For more advice on ending tenancy leases early including legal information contact the Citizens Advice Bureau.

You might also like...
Share Your Story, Join the Discussion or Seek Advice..
Why not be the first to leave a comment for discussion, ask for advice or share your story...

If you'd like to ask a question one of our experts (workload permitting) or a helpful reader hopefully can help you... We also love comments and interesting stories

Title:
(never shown)
Firstname:
(never shown)
Surname:
(never shown)
Email:
(never shown)
Nickname:
(shown)
Comment:
Validate:
Enter word:
Latest Comments
  • She
    Re: The Law & Verbal Agreements
    In 2003 my husband had me sign some financial papers one morning. I was running late for work and took no notice, just signing…
    16 September 2020
  • She
    Re: The Law & Verbal Agreements
    In 2003 my husband had me sign some financial papers one morning. I was running late for work and took no notice, just signing…
    16 September 2020
  • Zee
    Re: Illegal Employment Contracts
    I'm working for a community radio station.been with the station for almost 5 years being a Receptionist,working from 9am to…
    13 September 2020
  • Bean
    Re: Title Deeds: Who Keeps Them?
    How do you go about finding the details of a property from the land registry.
    5 September 2020
  • abdul
    Re: Legally Binding Contracts
    I purchased a house in 1992 and made sales agreement and took mortgage for the house. It was bought from distant relative who were…
    26 August 2020
  • Osk
    Re: Contracts and Self Employment
    Hi I’m self employed and have been working part time for the same company for 4 years. I pay my own tax and n.i However - My…
    24 August 2020
  • Sammy
    Re: Agency Work & Contracts
    I work for agency and recently i had to go on medical leave due to the need for hand surgery. I was released from my doctor to go…
    14 August 2020
  • Charlie
    Re: The Law & Verbal Agreements
    I had a verbal agreement with some neighbours to my business address to allow me to place a sign on their fence. I offered…
    7 August 2020
  • Lazyla
    Re: Breach of Contract
    I ordered a custom made cnc in April 2020 on a 14 eta of delivery...3 months down the line after paying in full the bloke now says the quote he…
    29 July 2020
  • Tricky
    Re: Store Agreements Explained
    What was the reply to Carol and happy new year query above?
    27 July 2020