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. 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.
1. Check what type of tenancy you have
You should check your current contract which you and your landlord are using as it will determine the type of tenancy and 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.
2. What notice period 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.
3. 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.
When to give notice
The notice you give must end on the first or last day of a rental period. For example, if you pay rent on the 1st of the month, your notice must end on the last day of a rental period, which is the last day 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.
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 otherwise 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.
4. Putting your Notice in writing
It’s important to note that you cannot give notice during the first four months of an assured shorthold tenancy and you should check your tenancy agreement for any other restrictions on when you can give notice.
The notice you give must also be in writing and it’s best to use a letter or email. The letter should include:
- The date you are giving notice
- The date on which you plan to leave the property
- Your name and address, as well as the address of the property you are renting
- Your signature
It’s a good idea to keep a copy of the notice for yourself and to send it by recorded delivery so you have proof it was received.
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.
5. Check-out inventory and inspections
Before you move out, your landlord may want to conduct a check-out inventory and inspection to ensure the property is being returned in the same condition as when you moved in. Make sure to go through the inventory and inspection report together with your landlord or agent and address any issues that may arise. It is important to have a clear and documented record of the condition of the property to avoid any disputes over the deposit.
6. Moving out
When you move out, it’s important to leave the property in the same condition as when you moved in. This is known as ‘giving up possession’ and it’s a condition of your tenancy agreement.
You should also inform your landlord or agent that you’ve moved out and leave them with your forwarding address so they can return your deposit if you are entitled to it.
If you have any questions or concerns about ending your tenancy, you should speak with your landlord or agent or seek advice from a housing advisor.
7. Returning the keys
When you move out, you should return the keys to the property to your landlord or agent. Make sure to do this on the agreed move-out date and during the normal office hours, unless you have made prior arrangements with your landlord or agent. Failing to return the keys on time may result in additional charges or deduction from your deposit.
Final thoughts
Ending a tenancy can be a stressful process, but by following the guidelines outlined in this guide, you can make sure that the process goes as smoothly as possible. Remember to check what type of tenancy you have, give the correct notice, leave the property in the same condition as when you moved in, and return the keys on time. If you have any questions or concerns, don’t hesitate to seek advice from a housing advisor.