A tenants’ guide to ending a tenancy agreement

Whether you are moving to a new home, changing cities, or simply deciding it's time for a change, ending your tenancy can be a straightforward process if handled correctly.
This guide is designed to assist tenants in Staffordshire, Cheshire, Shropshire, the East Midlands, and the West Midlands with the steps needed to terminate their rental agreement.
While ending a tenancy might seem daunting, following a few simple guidelines can ensure a smooth transition. This article will clarify the notice period required and provide tips on planning your move out.

What type of tenancy do you have?

Determining the type of tenancy you have is crucial before proceeding with ending your rental agreement. This information is typically outlined in your tenancy contract and understanding it will help you know how much notice you need to give your landlord. Tenancies generally fall into two categories: fixed-term and periodic.

Fixed term tenancies

Fixed-term tenancy agreements are set for a specific period, such as six months or a year. At the end of this period, the tenancy may automatically transition into a periodic tenancy unless action is taken.

Periodic tenancies

Periodic tenancies, also known as rolling contracts, operate on a week-by-week or month-by-month basis without a predetermined end date.

What notice you’ll need to give

Before you decide to move out of your rental property, it's essential to understand the notice period you need to provide. This helps you avoid unnecessary costs and ensures you won't be left without a place to live.

Fixed term tenancy with a break clause

If your tenancy agreement includes a break clause, you can terminate your fixed-term tenancy early. Carefully review your contract to see when the break clause can be activated.
For instance, in a 12-month tenancy starting in November, the break clause might permit you to end the tenancy after six months by giving one month's notice. This means you could move out in April if you notify your landlord in March. Be aware that some break clauses may have additional conditions, such as requiring no rent arrears.

Fixed term tenancy without a break clause

If your fixed-term tenancy lacks a break clause, you generally cannot end the tenancy early unless your contract explicitly allows it, or you obtain written permission from your landlord. Typically, you don't need to give notice to leave on the last day of your fixed term.

Periodic tenancy if you live with your landlord

For periodic tenancies where you live with your landlord, you can either mutually agree on a move-out date or provide an agreed amount of notice as outlined in your tenancy agreement. The notice period is flexible and should be negotiated to suit both parties.

Periodic tenancy if you don’t live with your landlord

If you have a periodic tenancy and do not live with your landlord, you can end your tenancy at any time by giving notice.
The standard notice period is usually four weeks for week-to-week tenancies or one month for month-to-month tenancies.
By understanding these notice periods, you can plan your move effectively and ensure a smooth transition from your current rental property.
Keep in mind that you are responsible for paying rent until your notice period ends.

Giving notice to your landlord

Once you know how much notice you need to give, it's important to make sure you give it the right way.

Ending your tenancy because of your landlord

In some unfortunate instances, your landlord may not meet your expectations in terms of property maintenance or adherence to agreed terms. However, it's advisable not to terminate your tenancy solely based on these grounds.
Every tenant has the right to a safe and fair rental environment, supported by relevant laws. Both landlords and tenants have obligations outlined in the law, so it's crucial to understand these to take appropriate steps if needed.

When to give notice to landlord

The notice you provide should conclude on either the first or last day of your tenancy period. For example, if your tenancy period spans from the 5th of one month to the 4th of the next, your notice should end on the 4th or 5th of the month.

Notice and joint tenancy

Joint tenancies present unique challenges when ending agreements. All tenants must unanimously agree to terminate a fixed-term tenancy early. You can use a break clause or negotiate with your landlord to end it prematurely.
However, complications arise if some tenants wish to remain. Finding a replacement tenant could be a viable solution, but it requires agreement from your landlord and all joint tenants. Additionally, initiating a new joint tenancy agreement may be necessary.

End of tenancy letter

When it comes to informing your landlord about the end of your tenancy, clarity is key. While there's no rigid template to follow, your communication should be straightforward and include essential details. It can be in the form of an email but remember to keep a dated copy for your records.
Here’s a helpful example of what to include in your message:

“Dear [your landlord’s name or the name of the company that manages the rent],

I am giving [period of notice] to end my tenancy, as required by law. I will be leaving the property on [date]. I would like you to be at the property on the day I move out to check the premises and so I can return the keys to you. I also need you to return my tenancy deposit of [state amount].

Please let me know if there are any specific procedures or requirements I should follow during this transition.

Thank you for your attention to this matter.

Sincerely, [Your Name]"

Depending on your situation, you may also need to mention any furnishings you're leaving behind or any maintenance completed during your tenancy.

Thinking of leaving early?

If you're considering leaving your rental before your agreement ends, it's okay to talk to your landlord about it. While they don't have to agree to let you leave early, discussing your situation might help you both find a solution that works. Even if you move out anyway, remember you might still need to pay rent and other bills.
If you're nervous about talking to your landlord, you can ask the company that manages your rental or get advice from Citizens Advice.

Leaving without giving notice

Leaving your rental property without giving notice can lead to complications and financial consequences. It’s essential to follow the proper procedure to ensure a smooth transition.
When you leave without notice, your tenancy doesn’t automatically end, meaning you’re still responsible for paying rent until it officially concludes. Additionally, you may be liable for outstanding bills like energy or council tax.
Furthermore, if you leave without fulfilling your obligations, your landlord can take legal action against you. They may obtain a court order to recover unpaid rent, and you could be responsible for covering the associated court costs. This can quickly escalate, impacting your finances and credit history.
Moreover, leaving abruptly puts your deposit at risk. Without following the proper procedures, you may forfeit your deposit, making it harder to secure accommodation in the future.

Leaving when your fixed-term tenancy ends

When your fixed-term tenancy reaches its end date, you typically don’t need to give notice unless specified otherwise in your agreement. However, it’s still wise to inform your landlord of your departure date. This ensures they can provide references promptly and return your deposit without delay.

Preparing to move out

Moving can be stressful, but being organized can ease the process. Ensure the property is clean, return any provided furniture, settle outstanding bills, and arrange for mail redirection.

Looking for a new home to rent?

If you’re on the hunt for a new rental property in the area, Butters John Bee is here to assist you. Our expert estate agents leverage their local expertise to find a property that fits your budget and requirements. Explore our renting process for more information, and feel free to reach out to us with any questions about your responsibilities as a tenant or your rights under your tenancy agreement.