Ending your tenancy early

The only way to end a tenancy before the fixed term expires is if:

• there's a break clause that lets you give notice early (Break Clause)

• the landlord agrees you can leave (Surrendering the tenancy)

• the tenant/landlord finds a replacement tenant (Under mutual agreement)

Break Clause

Check the tenancy agreement to see if it has a break clause. A break clause allows the landlord or tenant to end the tenancy before the end of the fixed term.

The tenancy agreement will tell you:

• when the break clause applies (for example, 6 months after the tenancy starts)

• how much notice each party has to give

• whether notice must be given in writing

To ensure that the notice is valid, it should either be hand delivered or sent by recorded post. You may also want to provide a copy of the notice via email, if the tenancy agreement states that delivery by email is acceptable. For more information read Break clause notices. 

Surrendering Your Tenancy

If there is no break clause in the agreement, then you can only end the tenancy if both parties agree to it. This is called surrendering the tenancy.

The parties can only surrender the tenancy if the landlord agrees. The landlord should confirm this in writing - this will help prove when the tenancy ended. It will also help avoid misunderstandings and problems later. 

Surrender occurs when both parties to a tenancy, the landlord and tenant, voluntarily agree to bring the tenancy to an end. Once surrender has taken place, all obligations and rights under a tenancy also come to an end.

There are two types of surrender - express surrender and implied surrender. For more information read Surrendering a tenancy.

Finding a Replacement Tenant

This process is similar to surrendering a tenancy, in that the landlord will need to agree to the replacement. The tenant should ask the landlord whether they agree to a replacement tenant before the tenant starts searching.

A periodic tenancy is one that rolls from month to month or week to week and has no set end date. The parties can only end a periodic tenancy if they provide adequate notice. Tenants should provide the notice in writing.

Giving the Landlord Notice

The tenant must give the landlord notice in writing to end a periodic tenancy. This is called a 'notice to quit'.

The notice letter should include:

• the tenant's name and address

• the landlord's name and address

• the date the notice period ends

The tenant should also include a forwarding address for the landlord to return the tenancy deposit.

How Much Notice You Need to Give

The parties must give the correct date for when the notice period ends. The notice letter won't be valid otherwise. Check the tenancy agreement. If it sets out the amount of notice the parties must give, follow what the agreement says.

If the tenancy agreement doesn't set out a notice period, the tenant must give the landlord at least:

• 1 month's notice for a monthly tenancy

• 4 weeks' notice for a weekly tenancy

The end date of the tenancy must be either the first or last day of the rental period. You can choose which one to use.

If the tenant wants to leave earlier, then the landlord can agree to accept shorter notice. If the landlord agrees, it is important to have the agreed date recorded in writing. 

Paying the Final Month's Rent

The tenant is responsible for paying the rent until the tenancy comes to an end. The landlord is entitled to make deductions from the deposit for any unpaid rent, and they could also take the tenant to court if they withhold rent.

If the tenant leaves without giving notice, for example if they move and then put the keys through the letterbox, this is called abandonment.

Abandoning the tenancy doesn't end it. The agreement with the landlord continues even though the tenant has left.The landlord can continue to charge rent if the tenant hasn't ended the tenancy correctly.

The landlord can hold the tenant responsible for paying the rent until the tenant ends the tenancy properly or the property is re-let. The landlord can apply for a court order to make the tenant pay what they owe.

For more information read Tenant abandonment. 

If the tenant surrenders the tenancy and a new tenant replaced them, then the tenant's liability for rent will stop once the new tenant moves in. Where a tenant pays rent in advance, then they would 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.