When and how does a tenancy end?
A tenancy ends with the lease term's expiration or mutual agreement, or due to violations like non-payment of rent
Note that the legals and timelines stated here relate to Assured Shorthold Tenancies (ASTs) in England. Follow the links below for information on how to end a tenancy in the rest of the UK:
Scotland: Ending a Private Residential Tenancy (Members of the Scottish Association of Landlords can access information and resources here.)
Wales: Ending an Occupation Contract
Northern Ireland: Ending a Tenancy Agreement
There are a number of different ways a tenancy can come to an end.
Once a fixed term tenancy expires, the tenant may leave or the landlord may take the property back.
(If neither of these things happen, the tenancy will continue as ‘periodic’ (rolling) or both parties may renew the tenancy for another fixed term.)
In other cases:
A tenant or landlord may want to end the fixed term tenancy early
Either party may want to bring a periodic tenancy to an end
The landlord may want to evict the tenant
The notice period and steps that should be taken vary, depending on whether you or your tenant choose to end the agreement and why:
In this case, you (or your agent) must give the tenant at least two months’ notice by issuing a Section 21.
Although a landlord has to give notice, there is no legal requirement for the tenant to do the same if they want to leave at the end of a fixed term.
While most will let you know out of courtesy, it is always advisable to make contact two months before the end of the tenancy agreement to find out their plans, so you have time to re-advertise and market the property if necessary.
A landlord cannot force a tenant to leave during a fixed term unless they have breached the tenancy agreement, and a tenant is liable for the rent for the whole fixed term. However, both parties may come to a private agreement to end the tenancy.
This usually happens when the tenant’s circumstances have changed, e.g. they lose their job and can no longer afford the rent, or they need to move to a different area for work or family.
In this case, the landlord may agree to a one or two month notice period, or only hold the tenant to their obligation to pay rent until a new tenant can be found.
Whatever the arrangement, always put the details in writing, signed by both parties, or make sure your agent does.
Either the tenant or landlord gives notice during a periodic tenancy (no breach)
If the tenant has not breached their agreement, the landlord must give two months’ notice. The tenant only has to give one month’s notice. (This is assuming rent is paid monthly – if it’s paid weekly, the tenant must give four weeks’ notice.)
Note that if the changes proposed in the Renters (Reform) Bill come into force and all tenancies become periodic, tenants will have to give two months’ notice.
At the expiration of the lease term
By mutual agreement between landlord and tenant
When either party gives notice
Other
If the tenant has breached their rental agreement, the landlord can issue a Section 8 notice at any time to end the tenancy and require the tenant to leave – even during a fixed term. The notice period will depend on the ground(s) for eviction.
If the tenant refuses to leave at the end of a notice period – whether notice has been given via Section 21 or Section 8 - you will have to apply to the court for a possession order.
In the worst-case scenario, you may require a bailiff to remove the tenant from the property.
See our ultimate guide to handling the eviction process.
‘Tenant abandonment’, or ‘implied surrender’ in legal terms, is when a tenant leaves the property before the end of the contract term and without telling the landlord or letting agent.
When it comes to a statutory tenancy like an Assured Shorthold Tenancy (AST) tenants have rights which cause complications for landlords in this situation – read our guide to tenant ‘abandonment’ for advice on what to do if this happens to you.
