Ending a tenancy is a legal process and there are certain steps a landlord must take in order to ensure that they have followed the appropriate procedure.
Ending the tenancy by giving notice
Before ending the tenancy itself the landlord will need to give the correct “Notice” to the tenant.
The notice can be used to end a fixed or periodic tenancy or to request early termination also known as a ‘surrender’ of a tenancy.
The notice document allows you to include the following;
What type of tenancy is in place
A fixed-term tenancy ends on a particular date so ending a tenancy like this is usually more straightforward. This type of tenancy is usually set for an initial period of six months and should the parties agree, it can be up to 12 months or more. After the agreed fixed-term has expired, the landlord can offer a new fixed term agreement, the tenant could give notice that they no longer wish to live at the property or the landlord could give notice to have the property back. The only ways to end your fixed term tenancy early are:
If there is no fixed term or the initial fixed term has finished and wasn’t renewed, the tenant would be said to have a periodic tenancy.
Unlike a fixed-term tenancy, a periodic tenancy doesn’t have an end date and either rolls from month to month or week to week. If the tenant is under a periodic tenancy, they would still be required to give the landlord written notice to end the periodic tenancy. This is called a “notice to quit”. A notice to quit must give at least 4 weeks’ notice to end on the first or last day of a tenancy period.
Ending a tenancy by surrendering your tenancy
If there is no break clause (usually 6 months) in your fixed-term tenancy then the tenant can surrender the tenancy but only if your landlord agrees. A surrender can either be expressed or implied:
Ending a tenancy and the minimum amount of notice to give
At the end of the fixed term | The tenancy agreement will state the process regarding when to give notice. Alternatively, if nothing is mentioned then the landlord or tenant can give notice on the last day of the fixed term. |
Using a break clause | The break clause stated within the agreement will state the minimum notice period. |
Surrender | A notice period is not required as the tenancy is terminated with immediate effect whether expressly or implied. |
Ending a tenancy without giving notice
Just because the tenant has physically left the property doesn’t mean that they are no longer liable for paying rent for the remainder of their tenancy term.
Should the tenant leave without giving notice, a landlord will be able to go to court to obtain a court order, legally compelling the tenant to pay the due amount of rent and the accumulated arrears.
Although landlords could recoup the arrears from the tenant, it is important to highlight that the Tenant Fees Act 2019 placed a limit on the amount landlords can request their tenants pay for the security deposit, which is typically five weeks rent. So landlords will unlikely be able to use the deposit to recoup all their costs.
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