Ending a periodic agreement

This content applies to England only.

Housing laws vary between England and Scotland. This page applies to England only. Get advice relating to Scotland

If you have a periodic tenancy (one that rolls from week to week, or month to month) there are rules on how you can end it. You’re likely to have a periodic tenancy if you don’t have a fixed-term agreement, or if the agreement was originally for a fixed-term (eg six months) but that period has since run out and you haven’t signed a new fixed-term agreement.

There are different rules if a tenancy is still in the fixed-term.

What if my landlord agrees that I can leave?

It is possible to get out of the agreement at any time if you can come to a mutual agreement with your landlord to leave. This is called 'surrender'. To be valid, both sides must agree, and it's always best to put what's been agreed in writing so everyone knows where they stand. If you have a joint tenancy all the joint tenants and the landlord must agree to the surrender.

It's worth seeing if your landlord is willing to negotiate even if your tenancy agreement says you can't leave early. It may be convenient for both of you.

Can I give the landlord notice and if so, how much?

If your agreement is periodic (ie rolling from week to week or month to month), you normally have to give at least four weeks' notice to end it, or a calendar month if you have a monthly tenancy. The only exceptions to this are:

• If your landlord agrees to accept a shorter notice period (see above) or agrees that someone else can take your place (see below).
• If you are an excluded occupier, in which case the amount of notice you have to give will depend on whether you have a tenancy or license agreement. Working out whether you have a tenancy or license can be quite complicated, especially if you don't have a written agreement. Get in touch with an adviser to check your rights if you can't agree a date that both you and your landlord are happy with. Use our directory to find a local advice centre.
• If you pay rent less frequently than monthly (every three months, for example) - if this is the case, you have to give notice equivalent to a rental period.

It is always best to give notice in writing and ensure that the notice ends on the first or last day of the period of a tenancy. For example, if your tenancy is monthly and started on the fifth day of the month, the notice you give the landlord should end on the fourth or the fifth. Check with an adviser if you have any doubts about the dates. Use our directory to find one in your area.

Can I get someone else to move in?

This may be possible if you have no choice but to leave early and want to avoid paying rent on more than one home. However, you have to get the landlord's agreement for the person you suggest to move into the property. The landlord may want to take up references for them. The landlord should give the new person their own tenancy or licence agreement - otherwise, you will still be legally responsible for the tenancy until you can end it by giving valid notice. If you have a joint tenancy all the joint tenants must agree to this first.

What if I just walk away?

Walking away or posting the keys through the letterbox is called 'abandonment' and will not end your agreement. Your agreement with the landlord will continue even though you've left and the landlord can continue to charge you rent, so you're likely to build up rent arrears. If your agreement is periodic, you can be held liable until the agreement could have been ended by giving proper notice (see below).

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 rent from you after the new tenant moved in.

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

Similarly, it's important to make sure that you have somewhere to go when you leave. If you need to make a homelessness application in future, the council may decide that you are intentionally homeless, because you left a home that you could have stayed in.

What if I have a joint tenancy or licence?

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

The actions of each individual person will affect all of your rights:

• If just one joint tenant gives valid notice to the landlord, the agreement will normally automatically be ended for all of you. None of you will have the right to continue living there. However, this does not apply if you have a fixed-term tenancy that has not come to an end.
• If one of you leaves without giving notice, the whole rent will still be due and the other(s) will have to pay the missing person's share.
• If one of you has caused damage, the landlord may be entitled to take money out of your shared deposit.

If you're thinking about leaving, be sure to discuss it with the other joint tenant(s) before you take any action. It may be possible for someone else to take your place, and/or for the landlord to give a new agreement to those who are staying.