This will depend on your circumstances, for example:
If you live alone or everyone on the tenancy agreement wants to leave.
If you have signed a contract for a fixed period (for example, 12 months), and you are still in that fixed period, check if your contract has something called a ‘break clause’. This is usually located either at the beginning of the contract where the start and end dates of the contract are shown, or at the end of the contract. It can sometimes be elsewhere though, so it’s best to read every part of your contract to look for it. You can only use a break clause if every tenant on the agreement wants to move out.
If your contract has a ‘break clause’: this may mean that you can terminate your contract after a certain date, before the end of the fixed term, providing you give the required notice. You may have to pay rent until the required notice period has ended.
If your contract does not have a ‘break clause’, or the break clause cannot yet be exercised, you will not have any automatic right to end your contract. Even though the emerging situation is very concerning, there have not yet been any changes to the law regarding ending tenancies in relation to the COVID-19 pandemic, and until you negotiate with your landlord, your obligation to pay rent will not change.
You should discuss your wish to end the tenancy with your landlord. If the landlord is happy to let you go without further rent payments, then you will not be required to pay rent. You should ensure that your landlord confirms this in writing. However, if the landlord will not release you from the contract, they could still ask you or your guarantor for the money, even if you have moved out.
If you want to leave but other tenants are staying in the property.
If other tenants are staying on, it is unlikely you will able to leave without continuing to pay rent unless you find a replacement tenant. You should discuss your wish to end the tenancy with the other tenants and the landlord. If the landlord is happy to let you go and will not require your rent to be paid in your absence, then you will not be required to pay rent. However, if the landlord will not release you from the contract without a replacement, they could still ask you, your housemates or your guarantor for the money, even if you have moved out.
What happens if I move out before the end of my tenancy and don’t pay my rent?
The landlord may take action to get the rent from you, or from your guarantor if you have one. They may take some of this money from your deposit. If the amount you owe them exceeds your deposit, they may write to you to formally request the money. You might be charged interest on the amount owing which should not exceed 3% above the bank of England base Rate. If you still don’t pay, they may start a court claim against you.
If your landlord starts court action against you for unpaid rent, this is not a criminal trial or a criminal offence, and you won’t get a criminal record. You will be asked to attend court, and if you don't attend the hearing will go ahead in your absence. If the judge decides you should have paid the money, you will be asked to pay it as part of the judgement. You may also be asked to pay the landlord's court costs.
If you still don’t pay the money after the court has decided you should, you may receive a further judgement that can negatively affect your credit rating in the UK. This may make it difficult for you to borrow money or pass reference checks for rented accommodation in the UK in the future. If you are worried about the impact of this on any current or future visa in the UK, please seek advice from the UEA’s International Student Advisory Team (ISAT) firstname.lastname@example.org .
If your landlord is threatening to take you to court, get in touch and we can arrange for you to speak to one of our advice workers.