Skip to main content
Shelter Logo
England

Tenant ends an assured or assured shorthold tenancy

How a tenant can end an assured or assured shorthold tenancy by surrender, using a break clause or giving notice to quit.

The law has changed

The Renters' Rights Act changed how a private tenant can end their tenancy.

From 1 May 2026, private tenants might have to give up to two months' notice.

This page covers the rules for private tenants before and after 1 May 2026 and the rules for social tenants.

This content applies to England

Tenant ends a periodic tenancy

A tenant can end a periodic assured or assured shorthold tenancy by giving valid notice to quit. A notice to quit must be in writing.

How much notice the tenant must give depends on the:

  • tenancy type

  • contractual terms

  • tenancy start date

Find out more about an occupier's notice to quit.

Private tenancy started on or after 1 May 2026

A private tenancy that starts on or after 1 May 2026 is an assured periodic tenancy.[1] A tenant can serve a notice to quit to end the periodic tenancy.

The length of the notice depends on whether the landlord and tenant have agreed a notice period in writing. An agreed notice period can be between any length not exceeding two months.[2]

If the landlord and tenant have not agreed a notice period, the tenant must give two months' notice to expire on the first or last day of the tenancy period.

Private tenancy started before 1 May 2026

Different notice to quit rules applied to notices served before 1 May 2026, and continue to apply to some private tenancies that started before 1 May 2026.

Notice to quit served before 1 May 2026

For a notice to quit served before 1 May 2026, the tenant must have given at least four weeks' notice, or equivalent to the period of the tenancy if this is longer.[3]

The tenant might need to give a longer notice if they have a contractual periodic tenancy and this is specified in the contract.

A valid notice to quit given before 1 May 2026, in line with the rules in force at the time, remains valid.[4]

Transition to new notice to quit rules on 1 May 2026

Most private tenants became periodic assured tenants on 1 May 2026.

Find out more about assured tenancies.

Where the landlord and tenant agreed a notice period in writing before 1 May 2026, this remains valid after 1 May 2026.

The length of the notice depends on whether the landlord and tenant have agreed a notice period in writing. An agreed notice period can be any length not exceeding two months.[5] If the landlord and tenant have not agreed a notice period, the tenant must give two months' notice to expire on the first or last day of the tenancy period.

Section 21 or section 8 notice served on tenant before 1 May 2026

Private tenants who received a valid section 8 or valid section 21 notice before 1 May 2026 remain subject to the notice to quit rules as they applied before 1 May 2026.[6]

The Renters' Rights Act changes to not apply and the tenancy remains assured shorthold until either:

  • possession proceedings under the notice are concluded

  • the deadline for starting proceedings has passed

Possession proceedings are concluded when the court makes a possession order or dismisses the case.

The tenant who wants to leave during this period must give at least four weeks' notice to quit or equivalent to the period of the tenancy if this is longer.[7]

Table: Private tenant ends a periodic tenancy

When notice to quit servedTenancyNotice period
Before 1 May 2026Assured or assured shorthold tenancyFour weeks' notice in writing minimum. Might be longer where the tenancy period is longer or or if required under the contract.
On or after 1 May 2026Tenancy became a periodic assured tenancy on 1 May 2026Agreed notice period not more than two months. Two months' notice if no agreement.
On or after 1 May 2026Landlord served a valid section 21 or section 8 notice before 1 May 2026Four weeks' notice in writing, or equivalent to the period of the tenancy if longer. These rules apply until the tenancy becomes assured.

Social tenants

The notice period must be at least four weeks, or equivalent to the period of the tenancy if this is longer.[8]

The tenant might need to give a longer notice if they have a contractual periodic tenancy and this is specified in the contract. The tenancy is contractual periodic if:

  • it was periodic from the beginning, without a fixed term

  • the contract provides that it continues as a periodic tenancy at the end of the fixed term

If the tenancy is statutory periodic then any clause in the initial fixed term about ending the tenancy has no effect.[9] This includes a clause requiring the tenant to give a longer notice to quit.

Surrender

A tenant can end a periodic tenancy by agreeing a surrender with the landlord.

Find out more about surrender of a tenancy.

Private fixed term tenancies from 1 May 2026

Most fixed terms in the private rented sector were automatically abolished on 1 May 2026. The tenancies become periodic tenancies.

The only tenants with fixed terms after this date are:[10]

  • social tenants

  • private tenants who received a valid section 21 or section 8 notice before 1 May 2026

Where a private tenant received a valid possession notice before 1 May 2026, the tenancy remains assured shorthold. A fixed term agreement still applies, unless the notice was validly served to exercise a break clause. The latest date the landlord can start proceedings is 31 July 2026. The fixed term ends when possession proceedings are concluded or the landlord misses the deadline.

Find out more about section 21 notices and section 8 notices.

If the fixed term ends before the landlord's deadline to start possession proceedings, the tenant becomes a periodic assured shorthold tenant.

Once the tenancy converts to a periodic tenancy, the rules for giving notice to quit on an assured periodic tenancy apply.

Tenant ends a fixed term

A tenant can end a tenancy during a fixed term contract by either:

  • surrendering the tenancy

  • giving notice in line with a break clause

Surrender during the fixed term

A mutual surrender is a voluntary agreement between the landlord and tenant that the tenancy has come to an end. A surrender ends a fixed term tenancy.

Surrender can be express or implied. Implied surrender involves an unequivocal act or acts by both the tenant and landlord that are inconsistent with the continuation of the tenancy.[11] For example, the tenant hands the keys over to the landlord with an intention to end the tenancy and the landlord accepts the keys and agrees to the tenancy ending.

If the tenant puts the keys through the landlord's letterbox, this is an offer of surrender not sufficient to end the tenancy itself.[12]

A joint tenancy can only be surrendered if all the joint tenants agree.[13]

Break clause

The tenant can only give notice to end a fixed term tenancy if there is a break clause. A break clause is a term in the contract that allows the tenant to end the agreement early.

A break clause usually specifies the form and length of the notice required to end the tenancy. The tenant normally needs to give written notice.

In a joint tenancy, all joint tenants must agree to operate a break clause.

Tenant leaves on last day of fixed term

A tenant might plan to leave on the last day of a fixed term agreement.

Tenancy does not state it continues at the end of the fixed term

A tenant can leave on the last day of a fixed term tenancy without giving notice and this ends the tenancy, as long as the tenancy does not state it will continue.[14]

If the tenant remains in occupation even a day longer than the last day of a fixed-term tenancy a periodic assured tenancy arises automatically. The tenant can end a periodic tenancy by serving a valid notice to quit.

Tenancy states it continues as a periodic tenancy

A tenant cannot end a fixed term tenancy by leaving on the last day of the fixed term if the agreement provides that it continues as a contractual periodic tenancy. For example, if the agreement states that the landlord agrees to let for a term of 6 months and thereafter continuing on a monthly basis. The Court of Appeal has held that this type of clause would create a single contractual tenancy which is initially for a fixed term and then continues as a periodic tenancy.[15]

The tenant can end the tenancy by giving notice once it becomes periodic. The contract might specify the amount of notice they need to give.

Clause requiring that landlord is informed of intention to leave

The tenancy agreement might require the tenant to inform the landlord if they intend to leave on the last day of a fixed term. If the tenant does not inform the landlord then the tenancy still ends, as long as the agreement does not provide that it continues as a contractual periodic tenancy.

If the tenant fails to inform the landlord in accordance with the agreement, the landlord may be able to argue that they have suffered a loss or incurred extra costs as a consequence. The landlord could try to bring a claim against the tenant for damages.

The archived Guidance on Unfair terms in tenancy agreements suggested that any contractual term requiring the tenant to give notice to terminate the tenancy at the end of the fixed term would be unfair and unenforceable.

Last updated: 1 May 2026

Step 1 of 3
How helpful was this page?Select an option from 1 - Not helpful at all to 5 - Very helpful, with 1 - Not helpful at all being Not helpful at all and 5 - Very helpful being Very helpful

Footnotes

  • [1]

    s.4A Housing Act 1988, as inserted by s.1 Renters' Rights Act 2025; reg 2 The Renters’ Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) Regulations 2026/421.

  • [2]

    s.5(1ZA) Protection from Eviction Act 1977, as inserted by s.20(3) Renters' Rights Act 2025.

  • [3]

    s.5 Protection from Eviction Act 1977, as in force before 1 May 2026.

  • [4]

    para 9 schedule 6 Renters' Rights Act 2025.

  • [5]

    s.5(1ZA) Protection from Eviction Act 1977, as inserted by s.20(3) Renters' Rights Act 2025.

  • [6]

    sch 6 Renters' Rights Act 2025.

  • [7]

    s.5 Protection from Eviction Act 1977, as in force before 1 May 2026.

  • [8]

    s.5 Protection from Eviction Act 1977 as in force before 1 May 2026.

  • [9]

    s.5(3)(e) Housing Act 1988.

  • [10]

    reg 2 The Renters’ Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) Regulations 2026; paras 3, 4, 16 and 17, schedule 6 Renters' Rights Act 2025.

  • [11]

    Artworld Financial Corporation v Safaryan [2009] EWCA Civ 303.

  • [12]

    Laine v Cadwallader [2001] L&TR 8, CA.

  • [13]

    Leek and Moorlands Building Society v Clark [1952] 2 All ER 492, CA.

  • [14]

    Right d. Flower v. Darby (1786) 1 T.R. 159; Cobb v Stokes (1807) 8 East 358.

  • [15]

    Leeds City Council v Broadley (Rev 1) [2016] EWCA Civ 1213.