Ending a fixed-term tenancy
A fixed-term tenancy is one that is set to last for a specified period of time. A fixed-term standard occupation contract (the main type of residential tenancy in Wales) can be ended before the end of its fixed term by:
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the landlord or contract holder using a break clause, if there is one in the occupation contract (ie a clause that lets a party give notice to end the tenancy early)
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surrender of the tenancy (ie the landlord and contract holder agreeing that the contract holder can leave), or
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the landlord evicting the contract holder using a viable eviction notice and process
A contract holder may also abandon a property (ie leave without the landlord’s agreement). This does not formally end the tenancy.
Break clauses
A break clause is a clause in an occupation contract that gives the landlord or contract holder (or either) the right to end the tenancy early, as long as the rules set out in the break clause are followed.
A break clause in an occupation contract should tell you:
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when the break clause can be used (eg from six months after the tenancy starts)
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how much notice each party has to give
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whether notice must be given in writing and whether any other formalities must be followed
Break clauses are mostly relevant to fixed-term tenancies, although in theory they can also be used to end a periodic tenancy.
How is a break clause used?
A break clause can usually be activated using a break clause notice (ie a formal notice in which one party informs the other that they wish to use the break clause to end the tenancy).
To ensure that any break clause notice you send is valid, it should generally either be hand-delivered or sent by recorded (ie tracked) post. You may also want to provide a copy of a notice you send via email if your occupation contract states that delivery by email is acceptable.
Break clauses in Wales
In Wales, a fixed-term standard occupation contract may have a break clause.
If it has a contract holder’s break clause, the minimum amount of notice that the contract holder must give to end the contract using the break clause will be four weeks’ notice.) The exception to this is where the landlord and contract holder both agree to a different minimum notice period, and this change improves the contract holder’s position.
For most fixed-term standard occupation contracts, a landlord’s break clause can only be included if the contract has a fixed term of two years or more. Further, landlords may not use a break clause within the first 18 months of a contract holder’s occupation, and they must give at least six months’ notice to end the tenancy using the break clause.
For example, for a three-year contract beginning on 1 January 2026, the landlord cannot rely on a landlord break clause until 1 July 2026 at the earliest. If the landlord then gives notice under the break clause on 2 July 2026, they cannot ask the contract holder to leave the property until 3 January 2027 at the earliest. For more information on landlord break clauses in Wales, read Repossessing property in Wales.
Surrendering a tenancy
An alternative way of ending a tenancy during the fixed term is by both the landlord and contract holder voluntarily agreeing to end the tenancy. This is called surrendering the tenancy (or ‘mutual surrender’). Once surrender has taken place, all obligations and rights under an occupation contract generally come to an end.
There are two types of surrender:
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express surrender - where the landlord and contract holder explicitly agree to end the tenancy and record this in a deed, or
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implied surrender (or ‘surrender by operation of law’) - where the landlord’s and contract holder’s actions constitute surrender of the tenancy
A landlord may impose requirements that a contract holder must meet before they will agree to the surrender of a tenancy. For example, they may require that the contract holder find a replacement that the landlord approves of.
For more information, read Surrendering a tenancy.
Eviction
A fixed-term tenancy may be ended following eviction procedures if the requirements for one of the legal eviction methods are met. For example, a Serious rent arrears eviction notice can be used where a contract holder has not paid the rent on time, and a set amount of rent is overdue.
For more information, read Repossessing property in Wales and our Evictions in Wales FAQs.
Abandonment
If a contract holder leaves a property and their tenancy without giving notice (eg if they move out and then put the keys through the letterbox), this can constitute abandonment.
Abandoning the tenancy does not end the tenancy. The contract holder’s contract with the landlord continues even though the contract holder has left, and so the parties’ obligations under the occupation contract continue. For example, the landlord can continue to charge rent until the contract holder ends the tenancy properly or the property is re-let. The landlord can apply for a court order to make the contract holder pay what they owe.
For more information, read Tenant abandonment.
When do contract holders have to pay rent after a fixed-term tenancy ends?
A contract holder is generally only responsible for paying rent until their tenancy ends.
A landlord is usually entitled to make deductions from a contract holder’s security deposit for any unpaid rent. They may also take the contract holder to court if they withhold rent.
If a contract holder surrenders their tenancy and a new contract holder replaces them, the original contract holder’s obligation to pay the rent will stop once the new contract holder moves in. If a contract holder pays rent in advance and they surrender their tenancy, they will not generally be entitled to a refund of the remaining rent that was paid for the period they were not resident at the property.
For more information, read Tenants’ entitlement to rent repayments.
Ending a periodic occupation contract
A periodic tenancy rolls from payment period to payment period (eg month to month) and has no set end date. Periodic tenancies can generally be ended by either party simply by that party providing a certain amount of notice in writing of their intention to end the tenancy.
For more information, read Repossessing property in Wales.
Do not hesitate to Ask a lawyer if you have any questions or concerns about ending a fixed-term occupation contract.
