When and if the Tenant Can Leave During the Term

This page looks at the situation where a tenant might want to vacate during a fixed term. From 1 May 2026, it depends on the type of tenancy whether a fixed-term tenancy is possible. The key question is whether it is:

  • an assured tenancy under the new Renters’ Rights Act system, or
  • a contractual tenancy that cannot be assured.

Assured tenancies in England from 1 May 2026

For most private rented homes in England, the old fixed-term AST model no longer applies from 1 May 2026. Assured tenancies are periodic, so the question is no longer whether the tenant can leave “during the term”.

In most cases, a tenant can end an assured tenancy by giving at least two months’ written notice. The landlord should check that the notice gives the full notice period and that the proposed leaving date works, then confirm the end date in writing.

If the tenant wants to go earlier, the landlord can agree to an early surrender. That should be recorded in writing and should cover:

  • the agreed end date
  • rent due up to that date
  • when the keys must be returned
  • the condition the property must be left in
  • any agreed payment towards genuine re-letting costs

Once the tenancy has ended, rent cannot be charged beyond the end date. If the landlord accepts an early surrender and relets the property, there must be no double-charging for the same period.

Break clauses will not usually matter for assured tenancies after 1 May 2026, because these tenancies are periodic rather than fixed-term.

Contractual tenancies that cannot be assured, and some transitional AST cases

If the tenancy cannot be an assured tenancy, the contract still matters. Or, if a section 21 or section 8 notice was served before 1 May 2026, the tenancy remains an assured shorthold tenancy for the transitional period, and the fixed term could still apply in rare cases.

Where there is a fixed term, the tenant can usually leave early only if:

  • the landlord agrees to accept a surrender, or
  • the tenancy agreement includes a break clause, and the tenant follows it properly.

If neither applies, the tenant will usually remain liable under the agreement until the fixed term ends. Landlords should still try to limit any continuing loss by remarketing and re-letting as soon as reasonably possible. In many cases, the sensible answer is to agree that the tenancy will end once a suitable replacement tenant is found.

Reasonable re-letting costs can usually be charged, but the landlord should keep a clear record of them and set out any surrender terms in writing before the surrender takes effect. A landlord cannot grant a new tenancy for the same period without first ending the earlier tenancy, so there must be no double recovery of rent.

If the tenancy is periodic rather than fixed-term, the tenant must give proper written notice. Unless the agreement says otherwise, this usually means at least four weeks’ notice for a weekly tenancy and at least one month’s notice for a monthly tenancy. The notice should expire at the end of a tenancy period or on the first day of the next one.

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