Tenant ends a flexible tenancy

Ways a tenant can terminate a flexible tenancy by landlords or tenants and the change of the tenancy type on expiry of the fixed term.

This content applies to England

Termination by the tenant

A flexible tenant can terminate their tenancy by giving four weeks' written notice at any time.[1]

The local authority landlord can agree to a shorter period of notice or to the surrender of the tenancy.

If the tenant is in rent arrears or otherwise in breach of the tenancy agreement, the tenancy does not end on the date set out in the notice or agreed by the local authority.[2]

It is advisable for tenancy agreements to include an express term which allows for notice or surrender to be effective in the event that the tenant is in rent arrears or other breach of the tenancy agreement.

Expiry of the fixed term

At the expiry of the fixed term, the local authority landlord must either:

  • grant a further flexible tenancy

  • grant a periodic secure tenancy

  • seek possession.

If the local authority does none of the above, a periodic secure tenancy will arise at the expiry of the fixed term.

Last updated: 19 March 2021

Footnotes

  • [1]

    s.107C Housing Act 1985, as inserted by s.154 Localism Act 2011.

  • [2]

    s.107C(5) Housing Act 1985, as inserted by s.154 Localism Act 2011.