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England

Occupier ends a basic protection tenancy or licence

How an occupier with basic protection can end a fixed term or periodic agreement.

This content applies to England

How an occupier can end a fixed term agreement

An occupier with basic protection can only end a fixed term agreement before the end of the term if either:

  • the agreement has a break clause

  • the landlord agrees to a surrender

An occupier who leaves before the end of the fixed term can be legally liable to pay the rent for the whole of the term.

Break clause

The occupier can end the tenancy during the fixed term if there is a break clause in the agreement allowing the occupier to give notice to leave early.

The occupier must give notice in line with what the contract specifies. It might require the occupier to give a several months' notice or to give notice after a certain period of time has passed, for example three months into the agreement.

Surrender

A surrender is a voluntary agreement between the landlord and occupier that the tenancy or licence has come to an end.

A surrender can be express or implied. For a surrender to be implied there must be a clear indication, by action or words, on the part of the occupier of their intention to leave for good and, on the part of the landlord, of its willingness to accept the surrender.[1]

The surrender of a joint tenancy is only effective if all the joint tenants agree.[2]

Leaving at the end of the fixed term

A tenant can leave on the last day of a fixed term tenancy without giving notice. This ends the tenancy.[3]

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.

How an occupier can end a periodic agreement

An occupier with basic protection can end their periodic agreement by giving notice. They could also surrender the tenancy if the landlord agrees.

Notice to quit

A valid notice to quit by the tenant ends the tenancy.

A notice to quit must be in writing. The notice period must be at least:

  • four weeks[4] or

  • if the period of the tenancy is longer, equivalent to the period of the tenancy or licence

A tenancy agreement may require the tenant to give a longer period of notice.

For yearly periodic tenancies, the notice period is six months.[5]

The notice must expire on the first or last day of a period of the tenancy.

If one joint tenant or licensee gives notice, this ends the agreement for all tenants or licensees.

Surrender

The occupier can surrender the tenancy or licence if the landlord agrees. Surrender can be implied or express.

All joint tenants or licensees must agree to a surrender.

If the occupier remains after the agreement ends

An occupier with basic protection cannot be lawfully evicted without a possession order once their agreement comes to an end.[6] This includes if the occupier:

  • gave notice to quit to end a periodic agreement

  • remained after the end of a fixed term agreement

The landlord needs to bring a claim for possession. The occupier can only be evicted by way of a warrant or writ of possession.

Last updated: 6 February 2023

Footnotes

  • [1]

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

  • [2]

    Leek and Moorlands Building Society v Clark [1952] 2 All ER 492, CA; Camden LBC v Lahouasnia [1998] C.L.Y. 3033.

  • [3]

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

  • [4]

    s.5 Protection From Eviction Act 1977.

  • [5]

    Doe d Peacock v Raffan [1806] 170 ER 812; Parker d Walker v Constable [1769] 95 E.R. 913.

  • [6]

    s.3 Protection from Eviction Act 1977.