A Tenants' Guide to Ending a Tenancy Agreement

Tenancies can come to an end for a variety of reasons. This guide is to help you if you are a tenant looking to end your contract with your landlord. If you are a landlord, you can find a guide to ending a tenancy here.

Ending a tenancy doesn’t have to be difficult, just as long as you follow some simple guidelines. This article can help you to understand the notice period you should give and how to plan your move out.

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Check what type of tenancy you have

You can find a whole guide to tenancy types here, but you should check which one you and your landlord are using for your contract as it will tell you how much notice you are required to give. There are two main types of tenancy, fixed and periodic.

Fixed term tenancy

A fixed-term tenancy runs for a set period of time, after which it becomes periodic if the tenant hasn’t told the landlord they will be moving on. Typically, they are around six months to a year in length.

Periodic

A periodic tenancy is one that runs on a week-by-week or month-by-month basis, and can also be referred to as a rolling contract or tenancy.

What notice you’ll need to give

Check how much notice you should give before you make any major decisions about moving on from your rental property. This will make sure you aren’t out of pocket or risking not having anywhere to live for any period of time.

Fixed term if you have a break clause

If your tenancy agreement says you can end your fixed-term tenancy early, this means you have a ‘break clause’. Check your agreement carefully as it will tell you when this break clause applies from.

For example, if your rent ran for 12 months from November to November, your break clause might say you can end your tenancy six months after it starts if you give one month's notice. That means you can move out in April as long as you give notice in March. Some break clauses have conditions, for example, your break clause might say you can’t have rent arrears, so be sure to check for these too.

Fixed term if you don’t have a break clause

If your fixed-term tenancy doesn’t have a break clause, you cannot give notice or end your tenancy early unless your tenancy agreement says you can or without your landlord’s written permission. You don’t usually need to give notice to leave on the last day of your fixed term.

Periodic tenancy if you live with your landlord

If you are living with your landlord, you can either agree with them on when you will be moving out, or use your tenancy agreement to give an agreed amount of notice to them. You don’t have to give a set amount of notice within the agreement, so it’s whatever works for you and your landlord.

Periodic tenancy if you don’t live with your landlord

If you are not living with your landlord and have a periodic tenancy, you can end your tenancy at any time by giving your landlord notice.

Typically, the notice period will be four weeks' notice if your tenancy runs from week to week and one month notice if your tenancy runs from month to month. If your rental period runs for longer than a month, you need to give the same amount of notice as your rental period. For example, if you pay rent every three months', you’ll need to give your landlord three months’ notice.

Remember that you will have to pay your rent to the end of your notice period.

Giving notice to your landlord

Now you know how much notice you have to provide, you need to make sure you give it in the right way.

Ending your tenancy because of your landlord

It’s unfortunate but you may have had a landlord that hasn’t been as good as you had hoped. However, we don’t advise that you end your tenancy because your landlord isn’t doing what they should, such as repairs, maintenance, or sticking to any agreed terms in your contract with them.

You have the right to rent a safe home and to be treated fairly and there are laws that support this. Both landlords and tenants have rights and responsibilities, so make sure you understand them so you can take appropriate action.

When to give notice

The notice you give must end on the first or last day of your tenancy period. This means if your tenancy period runs from the 5th of each month to the 4th of the next, your notice would have to end on either the 4th or 5th of the month.

If you have a joint tenancy

Joint tenancies can be a little trickier than a standard one when it comes to ending the agreement. All joint tenants must agree to end a fixed term tenancy early and you can either use a break clause to give notice or negotiate with the landlord to end it early.

Where it gets complex is when some tenants want to stay. Finding a replacement tenant can be a good option if you want to leave but other tenants want to stay, but your landlord and all joint tenants need to agree before any new tenants can move in and you will need to begin a new joint tenancy agreement.

An end of tenancy letter

As long as it is clear, your end of tenancy letter doesn’t have to follow any one standard outline and it can be sent as an email but make sure you keep a dated copy.

To help you, here’s an example of what you should include:

“Dear (your landlord’s name or name of the company that manages the rent). I am giving (period of notice) to end my tenancy, as required by law. I will be leaving the property on (date). I would like you to be at the property on the day I move out to check the premises and so I can return the keys to you. I also need you to return my tenancy deposit of (state amount).”

You may also need to provide details of any furnishings you are leaving behind or any repairs or maintenance carried out during your tenancy.

Getting your landlord’s agreement to leave

If you are trying to leave a tenancy early, for example during a fixed-term where you don’t have a notice period or break clause in place, you can still talk to your landlord to discuss leaving and hopefully come to an agreement.

However, your landlord doesn't have to agree to end your tenancy early and, even if you leave the property anyway, they can still charge you rent and you might be liable for bills.

If you’re worried about speaking to your landlord, you can either contact the company that your landlord appointed to manage the contract, or, if that’s not possible, contact your nearest Citizens Advice.

Leaving without giving notice

We don’t advise leaving without giving notice because this doesn’t automatically end your tenancy and you will still have to pay rent until it does. You may also have to pay other bills like energy bills or council tax.

Your landlord can even get a court order to make you pay the rent you owe, plus you’ll owe the court costs too which can add up. You also run the risk of losing your deposit, which would help in securing your next home.

Leaving when your fixed term tenancy ends

You don’t need to give notice to say you will be leaving on the last day of your fixed term, unless your tenancy agreement states that you should, but it’s still a good idea to communicate with your landlord to make sure they know when you are leaving. This way, they can provide you a reference if you need one and return your deposit quickly.

What to do before moving out

Moving is stressful enough without forgetting important steps or paperwork, so be as prepared as you can be. You’ll need to make sure the property is clean, that you return any furniture it came with, and that you have paid all your bills and redirected mail. See our moving out checklist for tenants to help you cover everything before you leave.

Looking to rent another property in your area?

If you’re looking to move and rent somewhere else, haart can help. Find your next home with our expert estate agents who use their local knowledge to find you the best fit for your budget. Take a look at our renting process and if you want to know more about what is expected from you as a tenant, or your rights under your tenancy agreement, talk to us!