Breaking tenancies

Leaving early

Most students in London will sign a fixed term contract, usually for 12 months.

There is no automatic right to end a contract early by giving notice. However, there are a number of ways you can leave a property before the end of your contract.

Break clause

What is a break clause?

A break clause in a contract allows either the tenants or the landlord to end the tenancy early by giving notice. There are usually limits on when and how notice can be given.

If you have a joint tenancy, then all tenants must give notice jointly under the break clause in order to bring the tenancy to an end. It is not possible for just one joint tenant to use the break clause and move out whilst the others remain.

Not all contracts have break clauses. You usually need to ask for one when you're negotiating the terms of the tenancy, before you sign anything. There is no requirement for a landlord to agree to include a break clause.

A break clause gives the landlord the right to end the tenancy early as well.
Seek advice on the wording of a break clause before you sign the contract.
Make sure you know what you need to do to use the break clause.
Check that the break clause cannot be used by a landlord to end the contract during your revision or exam period.
A break clause that gives the landlord greater rights and more flexibility than the tenant might be unfair and may not be enforceable by the landlord.

Alternative options

Assignment

You can move out early if you find someone who can take over your tenancy – this is known as ‘assignment’
It is your responsibility to find a replacement tenant, and your landlord (and flatmates) need to agree in writing to an assignment. If a letting agent is involved, they might be willing to help to find new tenants
Your landlord cannot ‘unreasonably’ refuse to consent to an assignment and a term in the contract that says assignment is not allowed may be unfair
There can be a fee for assignment, but it shouldn’t be more than £50
Assignment should be agreed in writing by ‘Deed’ (a legal agreement confirming the assignment)

Sub-letting

This is where you find a new tenant for your room but you continue to pay rent to your landlord
Sub-letting can be risky, as you take on the responsibilities of a landlord and remain liable to your landlord for any damage caused to the property by your sub-tenant
It is important to get the consent of your landlord and your flatmates before sub-letting

Surrender

This is the legal term for where a landlord and tenant mutually agree to bring the tenancy to an end
Surrender must be agreed in writing by ‘Deed’
You may have to pay the landlord or agent ‘reasonable costs’ for a surrender

Can I just move out?

A tenant’s options for moving out part-way through a tenancy are limited
Moving out early is not generally recommended, as you will likely still be liable for the rent for the rest of the contract
Seek advice from a Housing Advisor if you think that:
– The landlord or agent misled you or misrepresented the situation before you entered into your tenancy
– You relied on promises or assurances from the landlord or agent in entering into the tenancy, and the landlord or agent has not done as promised
– The property has become uninhabitable due to serious disrepair

Deposits

It is common for landlords and tenants to disagree over what, if anything, should be deducted from the security deposit after the tenancy has ended.

Your tenancy agreement will probably give details about the condition that your flat or house should be left in and what deposit deductions may be allowed.

Deposit deductions

Allowed	Not allowed
Cleaning	Fair wear and tear
Damage	Improving the property
Unpaid rent and bills	Damage that was there before you moved in

You should seek advice if your landlord or agent is:

Unjustifiably withholding all or part of the deposit
Denying responsibility for refunding the deposit
Not responding to contact from you regarding the deposit

How to avoid deposit disputes

Read your contract
This will usually give details about the condition in which you should leave the property when you move out.
Do a thorough inventory
At both the start and end of the tenancy, with lots of photos.
Keep records of emails and photos during your tenancy as evidence
Meet with the landlord
Before the tenancy ends you can discuss any issues and resolve them before you move out.

Remember

When it comes to deposit deductions, there is an allowance for ‘fair wear and tear’.

A ‘brand new’ piece of furniture won’t look brand new at the end of a 12 month tenancy. The landlord cannot charge you for a replacement if the only deterioration is due to normal everyday use.

Also, a landlord cannot automatically charge you the full cost of a brand new replacement item.

If you move into a property with a carpet that is five years old, but is subsequently damaged and requires replacement at the end of the tenancy, you would only be liable for a proportionate amount of the cost of a brand new replacement carpet. This factors in that a landlord cannot make deductions from a deposit in order to ‘improve’ the property.

Deposits

It is common for landlords and tenants to disagree over what, if anything, should be deducted from the security deposit after the tenancy has ended.

Your tenancy agreement will probably give details about the condition that your flat or house should be left in and what deposit deductions may be allowed.

Deposit deductions

Allowed	Not allowed
Cleaning	Fair wear and tear
Damage	Improving the property
Unpaid rent and bills	Damage that was there before you moved in

You should seek advice if your landlord or agent is:

Unjustifiably withholding all or part of the deposit
Denying responsibility for refunding the deposit
Not responding to contact from you regarding the deposit

How to avoid deposit disputes

Read your contract
This will usually give details about the condition in which you should leave the property when you move out.
Do a thorough inventory
At both the start and end of the tenancy, with lots of photos.
Keep records of emails and photos during your tenancy as evidence
Meet with the landlord
Before the tenancy ends you can discuss any issues and resolve them before you move out.

Remember

When it comes to deposit deductions, there is an allowance for ‘fair wear and tear’.

A ‘brand new’ piece of furniture won’t look brand new at the end of a 12 month tenancy. The landlord cannot charge you for a replacement if the only deterioration is due to normal everyday use.

Also, a landlord cannot automatically charge you the full cost of a brand new replacement item.

If you move into a property with a carpet that is five years old, but is subsequently damaged and requires replacement at the end of the tenancy, you would only be liable for a proportionate amount of the cost of a brand new replacement carpet. This factors in that a landlord cannot make deductions from a deposit in order to ‘improve’ the property.

Getting your deposit back

Step 1: My landlord has not refunded my deposit

Write to your landlord, asking for:
• The deposit to be returned, and
• An explanation for why it has not been returned

Keep copies of any emails, messages or documents received from the landlord.

Step 2: My landlord has not responded or I am not happy with the response

Seek advice as to how to proceed. The options available to you may include:
Negotiating
– You may be able to negotiate the return of the deposit by raising other issues where you have a claim against the landlord.
– Based on the advice you receive, you might feel that meeting the landlord halfway and agreeing to some deductions is a reasonable compromise and allows you to resolve the matter quickly.

Alternative Dispute Resolution (‘ADR’)
– If your deposit was protected you can use the deposit protection scheme’s free ADR service. You have three months after moving out of the property to make use of ADR. You can raise a dispute online via the scheme’s website.
– ADR only covers the deposit and deductions from it – it does not take account of other claims you might have against the landlord, such as disrepair or other breaches of contract.

Step 3: Taking court action

If you cannot reach a compromise through negotiations and ADR is not available, then you might consider taking court action to get your deposit back
The court system can be complex, expensive and slow. There is no guarantee that your claim will be successful
Always seek advice before submitting a court claim

Small claims in the county court

A claim for the return of a deposit is likely to be for less than £10,000 and therefore a ‘small claim’.

You need to pay a fee in order to submit your claim
A further fee is payable if the matter progresses to a hearing
Be prepared to commit a certain amount of time in preparing and pursuing your claim

Claiming for a deposit penalty

If your landlord did not follow the deposit protection rules fully then you may have a claim against the landlord for a penalty payment of between one and three times the value of the deposit.

A special court procedure applies
The fees are higher than for a ‘small claim’
Seek advice on how to proceed

Housing Advisors at the University of London Housing Services can advise and assist tenants in negotiating the return of deposits and, where negotiations fail, taking court action. Other useful resources on this topic can be found at: England Shelter, Justice, Make Money Claim Online and Money Claim.

Where can I get advice?

University of London Housing Services

The University of London Housing Services (ULHS) provides advice and assistance on all aspects of renting accommodation in the private sector. The service is free to use and available to students at our subscribing Colleges and Universities, as well as staff employed by the University of London.

If you are looking for, or living in private rented accommodation and need advice, you can get in touch with us:
Web: housing.london.ac.uk
Email: housing@london.ac.uk
Phone: +44(0) 20 7862 8880
Facebook: @UoLHousingServices
Instagram: @uolhousing
TikTok: @uolhousing
Twitter: @ULHS

Alternative sources of advice and information

Shelter
Shelter is a housing and homelessness charity. Their website is full of useful information and advice, including:
• An online tool to check where your deposit is protected
• Template letters on disrepair and deposit issues for tenants to send to landlords and agents
• A comprehensive guide to your rights on all aspects of rented housing
england.shelter.org.uk | 0808 800 4444

Citizens Advice
They have a great website filled with useful information. You can also visit your local Citizens Advice bureau for face-to-face or telephone advice.
citizensadvice.org.uk

Your college or student’s union

Many Colleges, Universities and Students’ Unions offer advice on housing, debt, immigration and other topics.

Looking for someone to take official action?

Your local Council is likely to have many departments that can assist on housing issues, including:

Environmental Health
Investigating standards in private rented housing and taking enforcement action against landlords and agents who do not comply with the law.
Trading Standards
Deal with complaints about unfair trading practices, such as hidden letting agency fees. London Trading Standards is working in partnership with the Mayor of London to coordinate referrals to individual London Local Authorities either via Reporting a rogue landlord or agent | London City Hall or via their website Report consumer crime - London Trading Standards

Tenancy Relations
Assistance for tenants in cases of harassment or illegal eviction.

You may need to report the matter through your local Citizens Advice Bureau in order to report matters to the Council.
Find your local council here.

Looking for a housing solicitor?

If you would like to seek advice directly from a housing solicitor, you may be able to find a suitable solicitor through The Law Society.

Health warning
There are many sources of advice available and each advisor might take a slightly different approach to any given situation. Acting upon potentially conflicting advice from multiple sources might be disadvantageous to you. Therefore, we recommend sticking with one advisor or source of advice on any given issue.

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