Ending a tenancy when it's still in the fixed term

If you have a fixed term tenancy with a private landlord and you want to leave before it’s due to end, your landlord can insist that you keep paying rent for the full length of the tenancy. You can’t simply end it by giving notice.

There are some exceptions, for example if your tenancy agreement contains a break clause that allows you to end the agreement before the end of the fixed term.

Ending a tenancy early

Even if your tenancy agreement doesn’t say you can end it early, it's worth asking if your landlord is willing to negotiate. The landlord is under no obligation to do this, but it may be convenient for both of you, for example, if the landlord is planning to repair and redecorate the property.

They may be prepared to let you get out of the agreement. This is called 'surrendering' the tenancy. For a surrender to be valid, both sides must agree to it. Ask for any agreement to be put in writing, in case of a dispute later on in the tenancy.

The landlord and all the joint tenants must agree to the surrender if you have a joint tenancy.

Agreements that are due to end

You can  leave on the last day of your fixed term agreement without giving notice, but check your tenancy agreement first. If it says you must give notice then you have to give notice. It is always best to let the landlord know what you intend to do regardless of what your agreement says as this can avoid any disputes, for example about the return of the deposit. Get advice if you’re not sure.

Use Shelter's advice services directory to find a face-to-face adviser in near you. 

If you stay beyond the end of the fixed term, even for just one day, you will automatically become a periodic tenant. Your tenancy will run from month to month or week to week, and you will normally be able to give either one months’ notice or four weeks’ notice to end it. Check your tenancy agreement you may have to give more.

Your landlord can usually end a periodic assured shorthold tenancy by giving you two months' notice.

It’s common for landlords to ask you to sign a new fixed-term tenancy agreement at this point. But some will just let the tenancy keep going on a periodic basis.

Giving the landlord notice during a fixed term

You cannot end the tenancy during the fixed term without your landlord's agreement unless your tenancy agreement contains a ‘break clause’. This is a term in the agreement that lets you end the agreement before the end of the fixed-term.

If there is a break clause, it will tell you when you can serve notice, how much notice you have to give and whether there are any special procedures you have to follow.

Finding someone else to take over the tenancy

It may be possible to find someone to take over the rest of your tenancy if you have to leave your tenancy early and want to try to avoid paying rent on two homes.

You have to get the landlord's agreement for another person to move into the property. The landlord may want to check references for them. Check that the landlord will give the new person their own tenancy or licence agreement, otherwise, you will still be legally responsible for the tenancy.

Leaving before the end of the fixed term

Leaving your tenancy without giving notice, by moving all your things out and then posting the keys through the letterbox, is called 'abandonment'. It won’t end your agreement, even though you’ve left the property. Your landlord can carry on charging you rent until the fixed term of your agreement comes to an end. 

The landlord can apply for a court order to make you pay what you owe. The court will decide whether you should have to pay your landlord the money or not. If the landlord has managed to let out the property, they can't claim any rent from you after the new tenant has moved in.

Leaving this way may also make it harder for you to find a new home. Most private landlords ask new tenants for references from previous landlords, and might not rent to anyone who has abandoned a tenancy or licence in the past or has a history of rent arrears.

It's important to make sure that you have somewhere to go when you leave. If you need to apply as homeless in the future, the council may decide that you are intentionally homeless because you left a home that you could have stayed in. This means you might get less help from the council.

Joint tenancy or licence

You have a joint tenancy or licence if you share your home with a spouse, partner, family member or friend, and both or all of your names are on the agreement.

Talk to the other joint tenants first if you're thinking about leaving. It may be possible for someone else to take your place, or for the landlord to draw up a new agreement to those who are staying.

You can only end a fixed term joint tenancy if your landlord and all the other joint tenants agree to it, or if there’s a break clause in your agreement, and all the other tenants agree to use it.

The actions of each individual person will affect all of your rights. For example if:

  • one of you leaves without ending the tenancy properly, the whole rent will still be due and the other tenants will have to pay the missing person's share
  • one of you has caused damage, the landlord may have the right to take money out of your shared deposit

Put your agreement in writing, so that you have some proof if there are any disagreements later.

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