Hello, my tenant has just told me he’s going to leave three months before the end of his contract – I’m not sure why – and my agent says that if he leaves he’ll have to pay rent up to the end but I’m not sure if that’s right and anyway his deposit won’t cover his entire rent so will I have to sue him for the rest?
Unless there is a break-clause in your contact, technically he is obliged to cover the rent and any other costs and he remains responsible for the property till the end of his contract BUT you are obliged to try to reduce his loss by attempting to re-let the property. However, you can deduct from his deposit any additional costs your incur, such as the tenancy agreements and extra letting agency fees as long as these are not more than the cost of the rent he owes. If I were you, I’d speak to him, explain that you’ll try to relet the property but warn him that there will be costs and if you can’t find a tenant to cover the last three months he’ll have to pay the rent himself. He might change his mind or find someone to take over his lease.