Tenant Wants to Leave
Tenant wants to leave
This page explains how tenants can give notice to end a tenancy, and how the rules differ between assured tenancies and other tenancy types after the Renters’ Rights Act 2025.
Assured periodic tenancies
Most private rented homes in England are now let on assured periodic tenancies. A tenant can end the tenancy by giving notice.
The notice must be in writing
The tenant’s notice has to be in writing. That can be a letter, email, text message, or any other written message that records the notice in a visible form.
You cannot insist on one method only
A written statement of terms cannot make a single written method the only valid one. For example, you cannot say notice must be sent by recorded delivery and reject everything else. You can say which method you would prefer, but you cannot treat another written method as invalid just because it was sent differently.
How much notice does the tenant have to give?
If the agreement says nothing
The written statement must include a term stating how long the tenant must give notice, not exceeding two months. If there is no written agreement about the amount of notice, the tenant must give at least two months’ notice before the date it is meant to take effect.
A shorter period can be agreed, but only in writing
A shorter notice period is allowed only if the landlord has agreed to it in writing, and the agreed period cannot exceed two months.
What landlords should check
Many older assured tenancy agreements state that the tenant only has to give one month’s notice. In most cases, that will count as the required written agreement for a shorter notice period, so the tenant can rely on it.
If you want tenants to give two months’ notice:
- check your current tenancy template
- update it so new tenancies use a two-month tenant notice clause
If you keep using a one-month clause, tenants will usually still have that one-month option.
The notice has to end on the right day
Even if the tenant gives enough notice, it may still be invalid if it ends on the wrong date.
A tenant’s notice must expire:
- on the rent due date, or
- on the day before the rent is due
In other words, it needs to line up with the rental period.
If rent falls due on the 10th of each month, the valid end date will usually be the 9th or the 10th. A date like the 12th will usually be wrong, even if the tenant has given two months’ notice.
If the tenant changes their mind
A tenant can withdraw their notice only if:
- the landlord and tenant agree in writing, and
- that agreement is reached before the notice takes effect
If there is no written agreement to withdraw it, the tenancy ends on the notice date, assuming the notice was valid.
Joint tenancies
One joint tenant can end the tenancy for everyone
If one joint tenant gives notice to quit, that can bring the whole joint assured tenancy to an end for all of them.
But some later agreements must include everyone
If you agree:
- a shorter notice period, or
- to withdraw a notice
That agreement must be in writing and signed by the landlord and all joint tenants.
If the notice is invalid, but you still want to accept it
You can agree to accept an invalid notice. This will usually be treated as a surrender by agreement. In other words, both sides agree that the tenancy ends on a particular date, even though the notice itself was defective.
If the tenant gives notice but does not leave
This applies to whatever type of tenancy you are dealing with.
You still need a court order
Even if the tenant has given notice, you must not remove them without following the proper legal process. If they stay past the date they were due to leave, you will usually need a court order and the correct enforcement route.
Rent and charges after the notice date
A valid tenant’s notice ends the tenancy, so be careful how you deal with payments received after the end date if you plan to rely on that notice as evidence that the tenancy has ended.
Depending on the facts, the usual possibilities include:
- a claim for use and occupation, often calculated at a level similar to rent
- in some cases, statutory “double rent” where the tenant gives valid notice and then holds over under section 18 Distress for Rent Act 1737.
This area gets technical quite quickly. If the tenant is not leaving, treat it as a possession and enforcement issue and get advice early.
Other tenancies: non-assured periodic tenancies
Not every letting is an assured tenancy. Examples include company lets, some high-rent or low-rent tenancies, certain resident-landlord arrangements, and some licences.
The tenant should give written notice to quit
A periodic tenant who wants to leave should give written notice to quit.
As a general rule:
- the minimum notice is four weeks
- the notice should usually be at least as long as the rental period, subject to the four-week minimum, up to a maximum of six months
- the notice should expire at the end of a rent period, or at the start of the next one
Examples:
- monthly rent usually means one calendar month’s notice
- quarterly rent usually means a quarter’s notice
- six-monthly or yearly rent may mean notice of up to six months
Contract terms still need to be fair
The agreement may set out how notice works, but any clause dealing with tenant notice must still be fair and enforceable.
Joint tenants in non-assured periodic tenancies
Where one of several joint tenants gives valid notice of a periodic tenancy, it usually ends the whole tenancy unless the agreement clearly says that all joint tenants must give notice.
A standard joint and several liability clause, on its own, will usually not be sufficient to require every tenant to sign the notice.
Other tenancies: non-assured fixed-term tenancies
Leaving at the end of the fixed term
A tenant usually does not need to serve notice to end a fixed-term tenancy at the end of the term. In most cases, they can simply leave when the fixed term expires.
Be careful with clauses that try to impose a formal notice requirement or charge rent instead of notice. Those terms may be vulnerable to challenge as unfair.
A safer clause is one that simply asks the tenant to confirm their plans so that check-out arrangements can be made.
Leaving early before the fixed term ends
A tenant can usually leave a fixed-term early only if:
- you agree to surrender the tenancy
- the tenancy contains a break clause and the tenant uses it properly
- the landlord has committed a fundamental breach of duty, which is rare
If you agree to an early surrender:
- make the terms clear, including the date the tenancy ends
- record the agreement in writing
- be careful about accepting keys or re-letting in a way that could accidentally show the tenancy has already ended by operation of law
If there is no agreed surrender and no break clause, the tenant will usually remain liable for the rent due for the rest of the fixed term.
Transitional assured shorthold tenancies
Where a section 21 or 8 notice was served before 1 May 2026 against an AST, the Renters’ Rights Act does not commence for that tenancy until the notice is acted upon within the transitional timeframe or court proceedings have been concluded. In that case, the notice periods are based on the old rules (one month’s notice for a calendar month’s rent) until the tenant vacates or the tenancy converts to an assured periodic tenancy.