A Tenant's Guide to Ending a Tenancy Agreement

Tenancies can end for various reasons, and knowing how to navigate this process is crucial for a smooth transition. Whether you're planning a move or simply considering your options, this guide will help you understand the steps to end your tenancy agreement correctly. At Haybrook, we aim to make this process as straightforward as possible for tenants.

Know Your Tenancy Type

Before you make any decisions, it’s essential to identify the type of tenancy you have. This determines the notice period you need to give. There are two main types of tenancy agreements:

Fixed-Term Tenancy

A fixed-term tenancy runs for a specific period, usually six months to a year. At the end of this period, it may become a periodic tenancy if you or your landlord do not take any action.

Periodic Tenancy

A periodic tenancy, also known as a rolling contract, operates on a week-by-week or month-by-month basis. It continues until either the tenant or the landlord gives notice to end it.

Giving Your Landlord Notice

Knowing how much notice to give is crucial to avoid financial penalties or the inconvenience of being without a home. Your tenancy agreement will specify the notice period required.

Fixed-Term Tenancy with a Break Clause

If your agreement includes a break clause, it allows you to end the tenancy early. The agreement will detail when and how this clause can be activated. For example, if you have a 12-month tenancy starting in

How to Give Notice to Your Landlord

  1. Giving notice to your landlord should be done in writing to ensure there is a clear, documented record of your intent to vacate. Follow these steps for a smooth process:
  2. Check Your Agreement: Review your tenancy agreement to confirm the notice period and any specific requirements for giving notice.
  3. Write Your Notice: Draft a formal notice letter that includes your name, address, the date, and a clear statement of your intention to vacate. Mention the date you plan to leave, ensuring it aligns with your notice period.
  4. Deliver the Notice: Send the notice to your landlord via a method that provides proof of delivery, such as email with a read receipt, registered post, or hand delivery with a witness present.
  5. Keep a Copy: Retain a copy of the notice letter and proof of delivery for your records in case any disputes arise.

What Happens If You Don't Give Your Landlord Notice

Failing to give proper notice can lead to several issues:

  • Financial Penalties: You may be liable for rent until the notice period has been correctly served, even if you've moved out.
  • Deposit Deductions: Your landlord may deduct from your deposit to cover unpaid rent or costs associated with re-renting the property.
  • Legal Action: In extreme cases, your landlord could take legal action to recover lost rent and damages.
  • Negative References: Failing to give notice can result in a negative reference from your landlord, which could affect your ability to rent in the future.

Preparing for Move-Out and Your Deposit

As you prepare to move out, ensure you fulfill all your obligations, such as cleaning the property and returning keys. Your deposit should be protected in a government-approved tenancy deposit scheme. After you move out, the landlord must return your deposit within ten days, minus any agreed deductions. If there is a dispute, the deposit scheme can help resolve it.

Seeking New Accommodation

If you need assistance finding a new rental property, Haybrook offers extensive local knowledge and a broad national network to help you find the perfect new home. Contact us today for more detailed advice and support, or reach out to our experienced team at your local branch.