My tenancy agreement has no break clause but my home is no longer suitable due to illness and also has a slug problem. Can I leave early?

I have an assured shorthold tenancy of 12 months with no break clause,  but I need to cancel it as I have developed an eye disease that has left me visually impaired and the property is no longer suitable.

The other problem is that there is a slug infestation in the property, and despite efforts by the landlord to stop this, they keep coming back.

Based on either my disability or the slug issue will I legally be able to end this AST early?

Rental rows: A landlord has a right to pursue unpaid rent

Rental rows: A landlord has a right to pursue unpaid rent

Michelle Di Gioia, solicitor for Gardner Leader, replies:  If you have entered into a new 12 month Assured Shorthold Tenancy agreement with your landlord which does not contain a break clause then there is no legal or contractual right to terminate the tenancy within the fixed term.

However, there is nothing to stop you from just moving out of the property, tell your landlord that you are leaving and your reasons for doing so i.e. the slug infestation and the fact that you now have mobility issues.

Your landlord would have a contractual right to claim the balance of the rent for the remaining term from you.  You should bear in mind however, that your landlord may have practical difficulties with this if he does not have your forwarding address when you move.


If your landlord does manage to find out where you move to or if you do give him your address, and he decides to bring a claim against you for the balance of the rent, then you may have a number of arguments that you can raise by way of ‘counter-claim’.  

You may be able to argue that your landlord has breached the tenancy agreement by allowing a slug infestation to occur, or not remedy it satisfactorily and not allow you quiet enjoyment of the property etc. You would argue that the value of your counter-claim is the same value of the rent outstanding over the remaining period.

Sticky situation: A landlord has the right to reclaim all owed rent


You must ensure that you take as much evidence as possible before you move out i.e. take photos of the infestation or evidence that there are slugs.  Keep all removal cost receipts as this could also be set off against any claim the landlord brings.

If your landlord is able to rent out the property during the remainder of your contractual term then you would argue that he has not suffered any loss.  Although remember contractually the landlord is entitled to claim rent for the whole contractual term. 

You are at risk of losing your rent deposit if you just move out, as your landlord would be able to set this off against the balance of the contractual rent due.  However, you would need to weigh this up with your urgency or desire to move out, unless you just stop paying the rent until you move out to take into account the deposit that the landlord holds.

In my experience cases of these natures tend to settle with landlords taking a commercial approach and not pursuing the balance of the rent where there are potential counter-claim issues.


Can I end tenancy agreement early

Search within

The comments below have not been moderated.


We are no longer accepting comments on this article.