Tenant Wants to Leave

Tenant Termination of a Periodic Tenancy

A periodic tenant intending to leave must provide a notice to quit in writing. The minimum notice period is four weeks (specified in section 5 of the Protection from Eviction Act 1977). The length of the notice should be at least the length of a rental period (subject to the four-week minimum rule and up to a maximum of six months). This will be a calendar month for a calendar monthly rental in most cases. Where the rent is quarterly, a quarter's notice is required, six-monthly or yearly requires six months' notice. The notice should always expire at the end of a rental payment period or the first day of a new period.

The contract may specify the terms on which the tenant may give notice, which must be fair.

Sometimes, tenants ignore notice requirements and will leave when convenient to them. It might not be worth the landlord's time or cost in attempting to chase the tenants to enforce those requirements. Concentrate on getting the property re-let.

Where a tenant gives a valid notice to quit but then fails to leave, a court order would be required to gain possession which the landlord could obtain based upon the notice given by the tenant. A valid notice from a tenant brings the tenancy to an end, so a landlord should not ask for rent after this time if possession is to be sought. Where a tenancy has ended this way, a landlord will be entitled to damages for the premises' use and occupation, which is usually equivalent to at least the rent. Under section 18 of Distress for Rent Act 1737, where a tenant has given a valid notice and fails to leave, a landlord is entitled to double the rent.

Joint and Several Tenancy

Where one of several joint tenants gives a valid notice on a periodic tenancy, the entire tenancy will end unless there is a provision in the tenancy agreement requiring all parties making up the tenant to give the notice. A standard joint and several clause found in most tenancy agreements explaining that the obligations are liable by all tenants jointly and severally is not an express provision that requires all tenants to give a notice to quit.

Tenant Termination of a Fixed-Term Tenancy When It Expires

There is no statutory requirement for a tenant to serve notice to end a fixed-term tenancy at the end of the fixed term, and the tenant is generally entitled to leave without giving any notice. Any standard clause in the tenancy agreement requiring the tenant to provide a formal notice to leave at the end of the fixed term (and making the tenant liable for rent instead of notice if they fail) may contravene the Consumer Rights Act 2015. Only a court can decide if any given clause is fair or not. A clause asking the tenant to inform the landlord whether or not they will be leaving so that arrangements can be made for the property to be checked and the damage deposit returned to them should not cause problems.

Tenant Termination of a Fixed-Term Tenancy Before It Expires

If the tenant has a fixed-term tenancy but wants to terminate it before the term expires, they can only do so legally:

• with the agreement of the landlord or
• if early termination is allowed for by a break clause in the tenancy agreement and the tenant has followed any requirements for giving notice specified in the tenancy agreement or
• in a rare case, if the landlord is in severe breach of his obligations (but the breach must be 'fundamental' to the tenancy).

If the agreement does not allow the tenant to terminate early and the landlord has not agreed that they can break the agreement, the tenant will be contractually obliged to pay the rent for the entire length of the fixed term. Suppose the landlord accepts the return of the tenancy. In that case, it may end due to 'surrender by operation of law', which occurs when the landlord and the tenant behave in a way that is inconsistent with the continuation of the tenancy. If the tenant offers to hand back the keys, make sure that at that stage, any conditions connected with that return are agreed upon, and record them in writing. For example, are the keys only being accepted because the tenancy continues until a new tenant signs up at the same or a higher rent? Once a landlord agrees with a surrender of the tenancy, the tenant's liability for future rent ends unless it has been agreed otherwise. Unlike a claim for compensation or damage, the landlord is not under a duty to mitigate their loss if the tenant is liable for rent. Payment of rent is a debt, and the rent is due for as long as the tenancy continues. However, once the tenancy ends (e.g. if the landlord agrees to accept the property back), the tenant's liability to continue paying rent stops (but they remain liable for any arrears that accrued up to that point).

If a tenant wants to end their fixed-term tenancy early, landlords should explain that the fixed-term tenancy requires the tenant to pay rent for the duration of the agreement. Some tenants will wish to change their plans at that point and stay at the property until a new tenant is found.

Landlords may then agree with the tenant that both of them will try to find a new tenant. Landlords may ask the tenant to agree to pay reasonable additional costs arising from the tenant's proposed departure, such as re-letting fees. Landlords should also inform tenants that any early termination of the tenancy is conditional on the property being handed back in good order, with rent paid up to the date when the new tenancy starts. Write to the tenant setting out the conditions and ask them to write back confirming acceptance of the conditions. To avoid any inference of a surrender occurring 'by operation of law', do not do anything that would be inconsistent with the continuance of the tenancy. Do not treat the tenancy as over until the new tenancy starts.

Once a new tenant is found, there should be no 'double charging' for the same period. If an agreement is not reached, a tenant may decide to abandon the property, and a landlord will have to determine if it is feasible to take any enforcement action against the tenant. This would be by way of a small claim in the County Court.

Where a tenancy is jointly held, all the tenants must agree to surrender during a fixed term.