england-and-wales tenancy-rules assured-shorthold-tenancy
Can one be bound by a rental contract even if one finds a replacement to take it over?
<p>Bob rents a property from Alfred, signs a contract of one year. Perhaps the contract allows Bob to be released early if he is able to find a replacement for himself. Or perhaps the contract explicitly prohibits this, or it stays silent on the matter.</p>
<p>Let us suppose that the contract is one of the latter two scenarios.</p>
<p>What is the position of the contract is silent?</p>
<p>And, if the contract specifically precludes such, is that type of provision in the contract enforceable?</p>

<p>See Shelter, &quot;<a href="https://england.shelter.org.uk/professional_resources/legal/renting/assignment/assignment_of_assured_and_assured_shorthold_tenancies" rel="nofollow noreferrer">Assignment of assured and assured shorthold tenancies</a>&quot;:</p>
<blockquote>
<p><strong>Periodic assured and assured shorthold tenants</strong></p>
<p>Periodic assured and assured shorthold tenants whose tenancy agreement says nothing about assignment cannot assign their tenancies unless their landlord consents. In this case, landlords may withhold consent for any reason, whether reasonable or not.</p>
<p>A tenant who assigns the tenancy without consent leaves the assignee in a vulnerable position as this is a breach of a term of the tenancy and is a discretionary ground for possession. The exception to this is where a premium has been paid for the grant of tenancy, for example a tenancy deposit that is greater than one-sixth of the annual rent is a premium.</p>
<p>Otherwise, where the tenancy agreement:</p>
<ul>
<li><p>allows assignment freely and without consent, assignment is allowed</p>
</li>
<li><p>expressly makes provision for the tenant to assign with the landlord's consent, the tenant will be able to assign with consent and
such consent cannot be unreasonably withheld</p>
</li>
<li><p>forbids assignment, an assignment would be a breach of the tenancy agreement and could be subject to possession action</p>
</li>
</ul>
<p><strong>Fixed-term tenants</strong></p>
<p>The rights of assured and assured shorthold tenants with fixed-term tenancies to assign their tenancies are governed by their tenancy agreements.</p>
</blockquote>
