How do I move out of shared property?

In this article, we look at how to move out of shared property.

What is an HMO?

An HMO (house in multiple occupation) is a property shared by three or more unrelated people (not part of the same household), sharing facilities in the property such as bathrooms, kitchens and living areas. Most student houses will be HMOs, and landlords must follow extra procedures if this is the case.
 

If I move out of the property, will the agreement end?

No, you cannot simply move out of the property as you have signed a binding legal agreement. Therefore, moving out will not bring this to an end, and you will still be liable to pay rent. However, you may have a break clause included in your agreement.

Check your contract for a break clause

If you have a break clause in your tenancy agreement, this can let you leave early before your tenancy ends.

However, there is no standard format for a break clause, and many are very specific, only for use on or after a specified date. You should seek advice to see if you can use the break clause in your agreement to end your tenancy early. It may not be called a ‘break clause’, so you should look for anything that refers to giving notice or ending the tenancy early.

Can I be released from my tenancy agreement?

It is very unlikely you will be released from your contract with a private tenancy. If you live in halls, many universities will release you from your housing contract if you leave university. However, most students do not stay in halls.
 

It is always worth speaking to your landlord about a possible release. You may have compelling grounds to do so that might impact your ability to pay rent, such as on compassionate grounds.

Can I find someone else to replace me?

If your landlord does not release you from your agreement, they may request you find a replacement for your contract. In this circumstance, a new contract will be signed by your replacement, your contract will end, and your deposit should be refunded.

If you are uncertain as to your position please contact our Dispute Resolution Department who can advise you on an initial discounted fixed-fee basis.  Please contact us on 01202 294411 for further details.

Please note, this is not legal advice. It is intended to provide information of general interest about current legal issues.