Ending fixed term tenancy early

[Cherryade06]

We are a couple of months into a 12 month fixed term tenancy agreement but our circumstances have changed and we therefore want to end our agreement early. The landlord has agreed to this but stipulated that we remain liable for the rent/bills until the date new tenants move in or until the date the fixed term contract ends…whichever comes first.
They have also caveated that we remain responsible for the rent/bills even if new tenants were to pull out unexpectedly before moving in.
If new tenants have signed a contract are they allowed to break this and we remain liable for rent/bills till further new tenants are found?! Confused as to the process and what our liability is…

This would be correct. Until new tenants move into the property and take over the remainder of your fixed term liability, you remain liable for it. Regardless of whether or not they agreed/signed for it. Your landlord could easily refuse to bring in new tenants and hold you liable. He/she is being accommodating by agreeing to look for new tenants.

Thank you, that’s helpful. I’m confused though because wouldn’t the new replacement tenants be breaking a contract? Why would we still be liable for that?

Would this still apply if OP and the LL agree they can officially surrender the tenancy?

We rent and want to buy so may end up in the same situation…

I remember back in the day fixing up a house as tenant and paying deposit. But at the last minute having to pull out thereby losing my deposit. I was planning to sign my contract the evening before start of tenancy but never did it as I had to pull out.

Perhaps your LL is thinking of such scenarios?

@TiniestClanger - I think if the LL is fine with it it should be ok. How ever as a LL myself I've had the agent cause us grief by asking for the full agency fee for the fixed term even if we and tenants chose to break the FT. So there could be complications.

Because the tenant isn’t accepting the contract until they take possession of the property. Signing the contract is merely intent from both parties. This protects the tenant in the event the property isn’t move in ready on the day the tenancy starts.

You are liable for your fixed term because you have signed and taken possession of the property.

@Discovereads every day is indeed a school day! I've been a landlord for years and did not quite appreciate that distinction!

No worries. If the tenant does go to move in on the tenancy start date and finds the property not in a fit state, they can legally unwrap the tenancy and get their tenancy deposit back so long as they don’t take possession.

If they back out for any reason after contract signing not the fault of the LL, the LL keeps the deposit (tenancy deposit of 1 wks rent, not the damage deposit).