Tenants should always get advice before breaking their lease. Advice is available online at www.housingadviceNI.org or by phone on 028 9024 5640. I am writing as a result of our discussions about your desire to terminate your lease. Most tenants will not want to end their leases in these turbulent times. However, student tenants may terminate their rental contracts prematurely to return to their parents and/or return to their country of origin during the pandemic. However, if they enter into a fixed-term contract, it is unlikely that they will be able to rely on frustration or a force majeure clause to terminate their lease prematurely. This is because their decision to return home is a personal decision and accommodation is always available to them. The fact that university campus buildings may be closed and that learning has been temporarily interrupted does not affect the performance of the lease. Some landlords may be willing to negotiate with tenants to agree on fixed-term rent suspensions, rent reductions or a change in the way rent is paid. Many homeowners may be reluctant to send students back from their rentals at an early stage, as they are having trouble renting their real estate during the current crisis. It is always possible for the parties to agree to terminate the lease at any time through a rebate. Express remission must be done through a transfer obligation that will formalize the agreement and exempt both parties from their obligations. If you accept the early release of a tenant, then you should formalize this agreement with a transfer deed.
It is best not to leave your home without notice or to get your landlord`s approval to leave. Your lease is not finished and you have to pay your rent until you finish your rent in the right way. You may have to pay other bills – for example, municipal tax. You are not required to announce your departure on the last day of your term, unless your lease tells you that you must do so. Your lease tells you when the break clause may apply. For example, your break clause might indicate that you can terminate your lease 6 months after the start if you terminate 1 month in advance. I have informed my tenants of an unreavisthed notice with a leave date of November 30. They contacted me this week to say that they had found a new place and that they moved a month before that date.
They are contractually required to pay the council`s rent, ancillary costs and tax until the date of the leave, but I have agreed that they will give me a month`s notice now (a counter-notification at the exit). They sent me an e-mail with a very short message that said nothing more than “they intended to leave the property”. No data were mentioned and the notice period was not known either. I am concerned that this email is not legally binding. This is really important, because if they leave the house prematurely and stop paying the rent (probably), then I need solid evidence that they have agreed to give me a month`s notice to withdraw it from their deposit.