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Amazing experience
After placing an enquiry, I received a call 20 minutes later, and then 2 hours later, I had a solicitor assigned to me. They were absolutely incredible right from the word go - amazing and very prompt with replies, answering all my questions and keeping the process moving. We finally completed today and I am so unbelievably happy. I wouldn’t hesitate to use Lawhive again in the future if needed.
Lily
First class service
I initially made an online enquiry about a tricky conveyancing matter and received an immediate call back. They understood straight away what was needed and gave me a quote that was very reasonable. It was such a pleasure to find someone who was cheerful, professional and completely reassuring as I’d been getting quite anxious about the sale of my house. The service Lawhive has provided is absolutely first class and I cannot recommend them enough.
Charles
Empathetic, professional and efficient
I am an executor, selling my mother's home. I found the assistance I received from Lawhive first rate - empathetic, professional and efficient.
Mark
Great service from Lawhive
We used Lawhive for our conveyancing needs and our solicitor was very helpful, patient and informative. She helped us with our needs with prompt responses and provided a very efficient service.
Kelvin
Great service when you need clarity and calm
Our solicitor was warm, friendly and provided crystal clear communication. A lot of conveyancers assume customers know everything about the process already, so it was really appreciated to hear each stage included in the price given.
Em
Quick and efficient
We used Lawhive for a transfer of property and conveyancing. Our solicitor was so helpful and thorough with the whole process. He responded quickly and efficiently to any questions or requests that we had and explained some of the more complicated issues regarding the process clearly.
Geri
Fantastic service and experience with Lawhive
I had the pleasure of working with Lawhive doing a transfer of equity on a property. Our solicitor’s service was amazing, she responded quickly to any questions or concerns and kept me updated throughout the process. I can strongly recommend her for any conveyancing work that you may need. Fantastic service all round.
Jane
Amazing experience
After placing an enquiry, I received a call 20 minutes later, and then 2 hours later, I had a solicitor assigned to me. They were absolutely incredible right from the word go - amazing and very prompt with replies, answering all my questions and keeping the process moving. We finally completed today and I am so unbelievably happy. I wouldn’t hesitate to use Lawhive again in the future if needed.
Lily
First class service
I initially made an online enquiry about a tricky conveyancing matter and received an immediate call back. They understood straight away what was needed and gave me a quote that was very reasonable. It was such a pleasure to find someone who was cheerful, professional and completely reassuring as I’d been getting quite anxious about the sale of my house. The service Lawhive has provided is absolutely first class and I cannot recommend them enough.
Charles
Empathetic, professional and efficient
I am an executor, selling my mother's home. I found the assistance I received from Lawhive first rate - empathetic, professional and efficient.
Mark
Great service from Lawhive
We used Lawhive for our conveyancing needs and our solicitor was very helpful, patient and informative. She helped us with our needs with prompt responses and provided a very efficient service.
Kelvin
Great service when you need clarity and calm
Our solicitor was warm, friendly and provided crystal clear communication. A lot of conveyancers assume customers know everything about the process already, so it was really appreciated to hear each stage included in the price given.
Em
Quick and efficient
We used Lawhive for a transfer of property and conveyancing. Our solicitor was so helpful and thorough with the whole process. He responded quickly and efficiently to any questions or requests that we had and explained some of the more complicated issues regarding the process clearly.
Geri
Fantastic service and experience with Lawhive
I had the pleasure of working with Lawhive doing a transfer of equity on a property. Our solicitor’s service was amazing, she responded quickly to any questions or concerns and kept me updated throughout the process. I can strongly recommend her for any conveyancing work that you may need. Fantastic service all round.
Jane
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01 overview
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.
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.
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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.
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.
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!
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.
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.
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.
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.
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.
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.
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.
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.
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.
The legal process for landlords wishing to end a tenancy early depends on the tenancy type.
Landlords can take back a property without reason using a Section 21 notice if:
However, this is only possible if the landlord has:
Landlords also need to use the correct eviction notices to ensure they legally evict a tenant.
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.
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.
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:
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.
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.
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.
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.
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:
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