Ending and surrendering a tenancy

What is a surrender of tenancy?

A surrender of tenancy is a legal process where a landlord and tenant both agree to end a tenancy before it would otherwise naturally end. This is different from a tenant simply giving notice. For a surrender to be valid, both parties must consent to the tenancy ending. 

In England, from 1 May 2026, the Renters’ Rights Act 2025 means most private tenancies are periodic. These periodic tenancies can be ended at any time by the tenant if they give their landlord two months’ notice in writing. However, if a tenant wants to leave without giving the full two months’ notice, they may be able to agree with their landlord on a shortened notice period and surrender the tenancy.

How can a tenant end a tenancy in England?

Since rolling tenancies don’t have a fixed end date and instead renew from payment period to payment period (eg month to month or week to week), tenants have the legal right to end this type of tenancy at any time.  

To end a rolling tenancy, the tenant must:

• notify their landlord in writing (eg by letter, email, or text) that they wish to move out

• give at least two months' notice

• ensure the notice ends on the last day of a tenancy period (usually the day before the rent is due)

While this two-month notice period is the standard legal requirement, a tenant can still leave earlier if the landlord agrees to a surrender. If a tenant moves out without providing the full notice and without the landlord's consent to surrender, the tenant remains legally responsible for paying the rent and following the terms of the agreement until the two-month notice period has officially expired. 

If a tenant has already given notice but then changes their mind and wants to stay in the property, they'll only be able to stay if the landlord agrees to this in writing. If the landlord doesn't agree, the tenancy will end as planned on the date specified in the original notice.

Rent when giving notice

The tenant must pay rent until the end of that notice period. If the tenant has paid rent in advance that covers a period after the tenancy ends, the landlord must usually provide a pro-rata refund for those days.

How can a contract holder end a tenancy early in Wales?

In Wales, most private tenancies are occupation contracts. If a contract holder has a fixed-term contract, they can only end it early if the contract contains a contract-holder's break clause. If there is no break clause, the contract holder must normally stay until the end of the fixed term unless the landlord agrees to a surrender. 

If the occupation contract is periodic, the contract holder can end it at any time by giving the landlord at least four weeks' notice in writing.

For more information on how to end a tenancy early in Wales, read Ending a fixed-term or periodic tenancy in Wales.

What are the different types of surrender?

There are two main ways a tenancy can be surrendered: express and implied surrender. Both require the landlord and tenant to be in agreement.

Express surrender

Express surrender involves using a written agreement (or declaration) to surrender the tenancy. Express surrender is made by deed. Since mutual consent is required, both the landlord and tenant will have to sign the agreement, and both signatures must be witnessed. Once the agreement has been signed, both parties will be released from any future obligations to each other.

Note that the written agreement must make it clear that it is a deed and set out that the tenancy will come to an end with immediate effect. In the event that the tenant does not give up possession of the property to the landlord, despite surrendering the tenancy, the landlord can still recover possession of the property through a court order.

Implied surrender

A surrender will operate as a matter of circumstance where it is implied from the conduct of the parties. This is also known as 'surrender by operation of law'. It happens when the tenant's actions, such as moving all their furniture out and handing back the keys, clearly show they no longer intend to live there. If the landlord accepts this conduct (for example, by taking the keys and changing the locks), the tenancy ends. For example, if the parties enter into a new tenancy for the same property on different terms, the old tenancy is usually treated as surrendered.

Tenant abandonment

If a tenant leaves the property early without agreeing on this with their landlord (and without giving proper notice), this is known as tenant abandonment. For more information, read Tenant abandonment.

What are the rules for joint landlords and joint tenants?

A tenant should speak to their landlord about surrendering their tenancy and come to an agreement with them. Where there are joint landlords (ie more than one landlord is named on the tenancy agreement), the tenant should generally agree with all landlords to end the tenancy early. However, where one joint landlord acts as an agent for the other(s), they can accept the tenancy surrender on behalf of all the landlords. If joint landlords have appointed an agent to act for them, and the tenant has been instructed to deal with this agent, they can deal with the agent to end their tenancy.

In England, if a tenant is part of a joint tenancy, one tenant can end the entire tenancy by giving notice without the agreement of the other tenants. However, if a joint tenant wants to give a shorter notice period (ie surrender the tenancy), all other joint tenants must agree to it. Similarly, if a joint tenant gives notice but then changes their mind, they can only stay if all other joint tenants and the landlord agree. If they don't agree, the tenancy ends as planned, though the landlord and remaining tenants can choose to sign a new agreement.

In Wales, all joint contract holders must agree to a surrender.

How is rent handled when a tenancy is surrendered?

The tenant must continue to pay the rent until the landlord accepts the surrender (subject to the natural expiry of the tenancy agreement). In other words, if a tenant surrenders the tenancy, they have to pay rent until their landlord accepts their surrender. However, if their tenancy ends before their landlord accepts the tenancy surrender, they do not have to continue paying rent after the end of the tenancy. 

What are the fees for surrendering or ending a tenancy?

Under the Tenant Fees Act 2019, most private landlords and agents are only allowed to charge tenants certain ‘lawful fees’. These lawful fees include a fee for surrendering a tenancy. However, landlords and agents can only charge for: 

• the loss incurred by the landlord (eg loss of rent), and/or 

• the agent’s reasonable costs related to arranging the termination (eg marketing costs)

For more information, read Tenant fees. 

If a tenant in England doesn't give the correct amount of notice, the landlord can charge a fee. This cannot be more than the amount of rent the landlord would have received if the tenant had provided the correct notice.