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About

Ending a tenancy early is a process that can be done by either the tenant or the landlord. The tenant can end the tenancy early if they have a valid reason, such as a job relocation or a change in family circumstances. The landlord can end the tenancy early if they have a valid reason, such as the tenant not paying rent or causing damage to the property.Next steps

How much does it cost to End a Tenancy Early?

The cost for a licensed solicitor to End a Tenancy Early is dependent on many factors including the complexity and specific requirements of the case. On average it is expected to range from £150-£200 but in some cases it could cost as much as £400.

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How To End A Tenancy Early 

Sometimes, landlords or tenants want to end a tenancy early. However, in UK landlord and tenant law, there are rules to follow when it comes to doing this legally for both parties.

ending-a-tenancy-early

In this guide, we’ll cover how both landlords and tenants can go about ending a tenancy early in the proper way, and what you should do if you come up against a problem.

Click the links below to jump to the guide that's most relevant for you:

Ending a tenancy early for tenants

When you want to end a tenancy, you have to give notice to your landlord.

If you don’t do this in the right way, you might end up having to pay rent even after you’ve packed your bags, as well as having to pay other bills like council tax. 

When and how much notice you should give depends on what kind of tenancy you have and what your tenancy agreement says.

If you aren’t able to give the right amount of notice, there might be a workaround. In the first instance, you can chat with your landlord about “surrendering your tenancy” - which basically means ending your tenancy earlier than was previously agreed.

Ending a fixed term tenancy early

Fixed term tenancies have an end date. Tenants have to pay their rent until at least the end of this fixed term tenancy to avoid problems. 

You can end a fixed term tenancy early if your agreement has something called a “break clause”. 

A 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 extra conditions, like no rent arrears

If you want to end a tenancy early and your fixed term tenancy has a break clause, it’s really important to read and understand it so you know exactly how and when you can end your tenancy. If you don’t stick to the rules, you might not be able to make an early exit. 

Ending a periodic tenancy early

If you’ve got a periodic tenancy (i.e the tenancy goes from month to month or week to week) you can end the tenancy by giving your landlord the right amount of notice. Easy, peasy! 

Ending a joint tenancy early

Regardless of whether your joint tenancy is fixed term or periodic, it’s important to understand that when a tenancy ends, everyone must move out.

If you’re in a fixed joint tenancy (i.e you share the property with others) you usually need the thumbs up from your landlord and all the other tenants. 

Even in the event that your tenancy has a break clause, everyone must agree to end the tenancy (unless it says otherwise in the tenancy agreement).

For periodic joint tenancies, you don’t need to get the green light from any of the other tenants unless it says so in the tenancy agreement. But regardless, when you go, everyone goes. It’s a package deal. 

But what if other joint tenants want to stay? 

If you’re in a joint tenancy and other tenants want to stay, using a break clause probably isn’t the right move because it could end the rights of those who do want to stay. 

Tenants who want to stay need to negotiate a new agreement with the landlord.

If that’s not possible, you might have to find a replacement joint tenant. 

Ending a tenancy due to changes in your circumstances 

If you want to end a tenancy early because your situation has changed, like you’ve got a new job and you need to move, and you don’t have a break clause, the only way to do it is by negotiation with your landlord. This is known as surrendering your tenancy

The best way to do this is to contact your landlord in writing and clearly explain why you want to leave. You can also suggest that you will help find a replacement tenant to help the process move along quickly. 

Ending a tenancy early because of problems with your landlord 

If your landlord hasn’t fulfilled their obligations, like not protecting your deposit or refusing to do repairs, it’s possible to use this to end your tenancy early by saying you won’t take legal action if they let you end the tenancy early.

Ending a tenancy early by unwinding a tenancy agreement 

If you feel you signed a tenancy agreement under the impression of misleading information, like the property was advertised as furnished but when you move in there’s no furniture, it’s possible to unwind the tenancy agreement. 

You can only claim the right to unwind within 90 days of the start of your tenancy.

How much notice do you have to give to end a tenancy? 

Fixed term tenancy 

If your fixed term tenancy has a break clause, the notice period is what the break clause says. 

If you don’t have a break clause, you can’t give notice to leave before the end of your fixed term tenancy. 

You don’t need to give notice to leave on the last day of your fixed term. Usually, if you want to continue living in the property, the tenancy will switch to a periodic tenancy automatically.

Periodic tenancy (if you don’t live with your landlord) 

If you are on a periodic tenancy, how much notice you need to give to end the tenancy depends on how your tenancy runs. 

Typically how much notice you have to give is in line with the rental period. For example, if it’s from month to month, you should give a month’s notice. 

Periodic tenancy (if you live with your landlord) 

You don’t need to give any notice unless your tenancy agreement says so. You can simply tell your landlord when you’re going to leave and that’s it.

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Ending a tenancy early for landlords 

If you’re a landlord, you might want to end a tenancy early for a number of reasons. However, just like tenants, you must give notice in the correct way. 

ending-a-tenancy-early-for-landlords

The legal process for landlords wishing to end a tenancy early depends on the tenancy type. 

Ending Assured Shorthold Tenancies early 

Landlords can take back a property without reason using a Section 21 notice if: 

  • The tenancy is rolling (i.e. periodic tenancy);

  • A fixed term tenancy has ended.

However, this is only possible if the landlord has: 

  • Protected a tenant’s deposit in a government-backed and approved tenant deposit scheme;

  • They’ve given at least 2 months notice to quit

  • The date the tenant’s are asked to leave the property is at least six months after the date they moved in. 

Landlords also need to use the correct eviction notices to ensure they legally evict a tenant. 

For tenancies that started, or were renewed, after 1st October 2015

It is a landlord’s responsibility to give tenants certain things, like up to date energy performance certificates and gas safety certificates. They should also give tenants a copy of a leaflet called: 'How to rent: the checklist for renting in England.’ 

If a landlord hasn’t done these things, they might not be able to legally end a tenancy early.

They also can’t end a tenancy early if a tenant has complained to the council about the state of the property and as a result the landlord has received a notice from the council.

This is called revenge eviction, or retaliatory eviction. 

When can a landlord end a fixed term tenancy early 

A landlord can end a fixed term tenancy early using a Section 8 Notice if the tenant has breached the tenancy agreement, like not paying rent on time, carrying out criminal activities at the property, or causing damage to the property. 

When can a landlord end an assured tenancy early 

A landlord can end an assured tenant if they prove they have a good reason (also known as ‘mandatory grounds for possession’). 

Mandatory grounds for possession are covered in Schedule 2 of the Housing Act 1988 and include:

  • The landlord needs the property back to live in themselves; 

  • The property is being repossessed; 

  • The landlord intends to demolish, reconstruct or carry out substantial work on the property. 

All in, there are 8 assured tenancy mandatory grounds for possession. Depending on which ground a landlord uses in these cases, they have to give certain notice of proceedings, which can range from weeks to months. 

When can a landlord end an excluded tenancy early 

Excluded tenancy or licenses usually apply to lodgers. 

A landlord only needs to give a lodger ‘reasonable notice’ to quit and they don’t have to serve it in writing. 

When can a landlord end a non-excluded tenancy or license early 

Much like excluded tenancies, a landlord can end the tenancy at any time with a written notice to quit, which is usually at least 4 weeks but depends on the tenancy agreement. 

Ending a tenancy early using a break clause 

Landlords can end a tenancy early using a break clause, however landlords don’t have guaranteed right to possession in the first 6 months of a tenancy. 

Get help with ending a tenancy early from our lawyers 

Our landlord and tenant solicitors know their stuff when it comes to ending a tenancy early. 

If you’re a tenant whose landlord is trying to end a tenancy early but you think you are at risk of illegal eviction, our tenant solicitors can help you understand your rights and defend you in cases where eviction is illegal. 

If you’re a landlord seeking help to legally end a tenancy early, our landlord lawyers can advise you on the correct notices to serve based on your tenancy agreement and the circumstances. 

To get started, get a free case assessment from our expert legal assessment team who will:

  • Tell you what the next steps are based on your situation;

  • Give you an idea of how long the process will take; 

  • Give you a no-obligation fixed-fee quote for one of our landlord and tenant solicitors. 

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