If you want to end your private tenancy

Check if this advice applies to you

This advice will usually apply to you if all the following are true:

• you have a private landlord

• you don’t live with your landlord

• you started renting on or after 15 January 1989

In most cases this means you’ll have an ‘assured shorthold tenancy’ or ‘assured tenancy’.

This advice applies to people with one of these tenancies. It’s worth checking your tenancy agreement to make sure.

If you’re not sure, or you have a different kind of agreement with a private landlord, check your tenancy type if you rent from a private landlord.

You’II need to let your landlord know in advance if you want to end your tenancy - this is called giving notice.

You have to give notice in the correct way - if you don’t, you might have to pay rent even after you’ve moved out. You might also have to pay other bills - for example, council tax. 

When and how much notice you give will depend on the type of tenancy you have and what your tenancy agreement says.

If you can't give the right amount of notice you might be able to agree with your landlord to end your tenancy early. This is called 'surrendering your tenancy'.

If you’re thinking about ending your tenancy because of your landlord

Don’t end your tenancy because your landlord isn’t doing what they should - for example, if they’re not doing repairs.

You have the right to rent a safe home and to be treated fairly. The law is there to protect your rights - you can take action to get your landlord to do what they should.  

Get help from your nearest Citizens Advice - they can check your rights and talk you through your options.

Check what type of tenancy you have

You’II either have a 'fixed term tenancy' which ends on a certain date or a ‘periodic tenancy’, which just continues on a monthly or weekly basis for example. A periodic tenancy is also known as a ‘rolling tenancy’.

Fixed term tenancy

You have to pay your rent until at least the end of your fixed term. You might need to pay rent after your fixed term if you:

• stay in the property

• don’t give notice in the correct way - this will depend on the type of tenancy you have and what your tenancy agreement says

You can only end your fixed term tenancy early if your agreement says you can or by getting your landlord to agree to end your tenancy.

If your agreement says you can end your fixed term tenancy early, this means you have a ‘break clause’.

Your tenancy agreement will tell you when the break clause can apply. For example your break clause might say you can end your tenancy 6 months after it starts if you give 1 month's notice.

Some break clauses might have other conditions that you have to meet. For example your break clause might say you can’t have rent arrears.

It’s important that you read and understand your break clause so you know how and when you can end your tenancy. Follow the conditions and wording of your break clause carefully - if you don’t you might not be able to end your tenancy.

Contact your nearest Citizens Advice if you don’t understand your break clause.

Periodic tenancy

You can end your tenancy at any time by giving your landlord notice if you have a periodic tenancy. You'll have to pay your rent to the end of your notice period.

You'll have a periodic tenancy if:

• you’ve never had a fixed term and you have a rolling tenancy - for example, it runs from month to month or week to week

• your fixed term tenancy has ended and your tenancy has continued to roll on

Notice you’II need to give

The amount of notice you have to give to end your tenancy will depend on the type of tenancy you have.

Check your tenancy agreement to find out how much notice you have to give - you might have to give more than the minimum notice.

When to give notice

You can usually give notice at any time, unless you have a break clause or a tenancy agreement that says otherwise.

The notice you give has to end on the first or last day of your tenancy period.

Example

If your tenancy period runs from the 4th of each month to the 3rd of the next month this would mean:

• the first day of your tenancy period would be the 4th of the month

• the last day of your tenancy period would be the 3rd of the next month

So your notice would have to end on either the 3rd or 4th of the month.

Contact your nearest Citizens Advice if you have a weekly tenancy - the rules for the day your notice has to end are different.

If you have a joint tenancy

You will normally need to get the agreement of your landlord and the other tenants to end your fixed term joint tenancy. If you end your tenancy it ends for everyone.

If your fixed term joint tenancy has a break clause you have to get all the tenants to agree to end the tenancy, unless your agreement says otherwise.

If you have a periodic joint tenancy you can give notice to end your tenancy without the agreement of the other tenants - unless your tenancy agreement says otherwise. It's important to be aware that if you end your tenancy it ends for everyone.

If you’re planning to move out and the other tenants want to stay, you can ask your landlord to give them a new tenancy.

If you want help to end a joint tenancy, talk to an adviser.

Giving notice

Check if your tenancy agreement says anything about how you should give notice. If it doesn’t say anything, give notice by writing a letter to your landlord.

It’s a good idea to ask your landlord to confirm in writing they’ve received your notice. You could ask them to sign a note or letter that says they’ve received it.

You can find your landlord's address on your tenancy agreement or your rent book. Ask your landlord for their details if you can’t find them - they have to give you the information.

If you rent from a letting agent ask them to give you your landlord details if you can't find them.

Contact your nearest Citizens Advice if you can't get your landlord's address details. 

What to write when you give notice

Make sure your letter clearly states the date you'll be moving out. 

Keep a copy of your letter and get a proof of posting certificate from the post office, in case you need to prove when you posted it.

You can send your letter by email if your tenancy agreement says you can.

Example

You should say something like:

“I am giving 1 month's notice to end my tenancy, as required by law. I will be leaving the property on (date xxxxx).

I would like you to be at the property on the day I move out to check the premises and for me to return the keys.

I also need you to return my tenancy deposit of (state amount).”

If you can’t give notice - getting your landlord's agreement to leave

You can try to reach an agreement with your landlord to end your tenancy, for example if:

• you want to leave during your fixed term

• you have a periodic tenancy and you can’t give the right amount of notice to end your tenancy  

Explain why you want to end your tenancy early - for example, your work location might have changed or you might need to move to look after a relative.

Your landlord doesn't have to agree to end your tenancy early. If they don't agree you’ll have to pay rent until your tenancy ends - even if you leave the property. You might also have to pay other bills - for example, council tax.

Your tenancy usually ends on the last day of your fixed term or at the end of your notice period when you’ve given the correct notice. You’ll also need to have left the property and given the keys back to the landlord by the end of your fixed term or notice period.

Contact your nearest Citizens Advice if you’re worried about speaking to your landlord.

If you reach an agreement to leave your tenancy early

Don’t just leave the property or put the keys through your landlord’s letterbox after reaching an agreement.

Get what you agree in writing - you might need to refer back to what was said if there are problems.

If you need to leave before the end of your tenancy, your landlord or agent can charge an ‘early termination' fee to cover any reasonable costs. For example, rent up to the end of your fixed tenancy period or costs to find a new tenant. 

Leaving without giving notice

It's best not to leave your home without giving notice or getting your landlord’s agreement to leave. Your tenancy won't have ended and you'll still have to pay your rent until you end your tenancy in the right way. You might also have to pay other bills - for example, council tax.

Your landlord can get a court order to make you pay the rent you owe. You’ll usually have to pay the court costs as well as the rent you owe.

Leaving without giving the correct notice could also make it harder for you to find a new home because:

• you may not be able to get a reference from your landlord

• you won’t usually get your tenancy deposit back

• you could build up rent arrears if your landlord continues to charge you rent

You should make sure you’ve found a new place to live before you leave your home. You might not be able to get any help from your local council if you leave a home you could have stayed in. Find out more about getting housing help.

Contact your nearest Citizens Advice before deciding to leave your tenancy early. They can talk you through your options for giving notice in the right way so you can avoid facing problems when you’re looking for a new home.

Leaving when your fixed term tenancy ends

You don’t need to give notice to say you’II be leaving on the last day of your fixed term, unless your tenancy agreement says you have to.

It’s best to give your landlord some notice to avoid problems.

Giving notice might help you get a reference or your deposit back quicker.

Contact your nearest Citizens Advice if your tenancy agreement says you need to give notice and you don’t want to.

Moving out of the property

You should make sure you clean the property and leave it in the same condition as when you moved in, apart from fair wear and tear. You need to do this so you get your deposit back at the end of your tenancy. Find out more about getting your deposit back.  

It’s also worth taking photos of the condition of the property when you leave.

Pay your bills

Make sure you pay all your household bills before moving out  - for example gas, electricity, broadband and your council tax.

It’s also worth taking photos of your electric and gas meters so you have a record in case there are problems later.

Contact all the companies you pay before you move out and tell them the date you’II be leaving. It’s important to do this so you’re not charged for services after you’ve left.

Read more on dealing with your energy bills when you move home.

Redirect your post sent to your new address

Make sure your post goes to your new address by using Royal Mail's postal redirection service.

You can apply for the service by filling in an online form or visiting visiting your local post office. You'll need to pay a fee.

If you can't pay for your post to be redirected you might want to think about giving your new address to your landlord or neighbours, so they can forward any post to you.

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