If you want to move out for good, it's important to end your tenancy legally. How you do this depends on whether your tenancy is still in a fixed term or has become a rolling (periodic) agreement.
If your tenancy is still in its fixed term
First, check your tenancy agreement for a break clause. This is a term that lets either you or your landlord end the tenancy early by giving notice which is usually a set number of weeks or months.
If you have a break clause:
- follow the notice requirements it sets out
- get advice from a solicitor or advice centre if you are unsure
If there is no break clause, you can’t end the tenancy early on your own. You can negotiate with your landlord, especially if you offer to help find a replacement tenant. If successful get written confirmation of their agreement which is known as a “surrender” of the tenancy. Without it, your landlord could claim rent from you until the fixed term ends.
You may also have a stronger case to leave early if there are serious issues, like:
- disrepair
- harassment
- deposit problems
For joint tenancies, all tenants and the landlord must agree to end the tenancy. If you stay even one day beyond the fixed term, a periodic tenancy will automatically begin.
If your tenancy has become periodic
This means your fixed term has ended and your tenancy now rolls on month-to-month or week-to-week. To end a periodic tenancy, give the correct notice in writing:
- monthly rent – give one full month’s notice
- weekly rent – give 28 days' notice
Your notice must end on the last day of a tenancy period (usually the rent payment day or the day before). Improper notice like a week's verbal notice can still end your tenancy if the landlord accepts it, but you should seek legal advice in that case.
Once your notice ends, your tenancy ends too. If you change your mind, you do not have the right to stay, so only give notice when you're sure you have somewhere else to go.
For joint tenancies, if one person gives notice, it usually ends the tenancy for all joint tenants. Everyone will need to move out unless a new tenancy is agreed.
Important note
If you leave without giving proper notice or without your landlord’s agreement, they may:
- ask you to pay rent until the tenancy ends
- take you to court, which could lead to a County Court Judgment (CCJ)
But they can’t charge rent after they’ve re-let the property.
For joint tenancies, if one person leaves and the agreement continues, the other tenants are still liable for the full rent. The landlord can chase any one of you for payment.