Even if you are on a periodic term tenancy agreement with your landlord, you need to know how much notice you are required to give before vacating a rental property. Not doing so, even under extreme circumstances, will result in losing your deposit, and will potentially come with other unpleasant experiences and costs (including, though unlikely, court costs). So it is of utmost importance that you know how to end your tenancy in case you pay rent to live in a property.
A Tenants’ Guide to Ending a Tenancy Agreement
First things first. The first step you need to take is to check what type of tenancy agreement you have if you already haven’t. One of the most common type of tenancy agreement is the assured shorthold tenancy, which allows landlords to terminate the tenancy without stating a reason, provided they follow some specific legal requirements – which as you might guess would be sometimes problematic for the tenant. We would advice you to follow the specific regulations and provide the necessary notice period, and landlords are advised to get legal guidance to always ensure full compliance with laws when ending such tenancies.
There are two main types of tenancy agreements in the UK – a fixed-term tenancy agreement and a periodic tenancy agreement, which is usually known as a rolling contract. The former has an expiration date for your contract, while the latter is supposed to be renewed at the end of a given period – typically a month. It is a common practice nowadays that a fixed-term tenancy agreement automatically becomes a period (or rolling one) once the contract expires and if the tenant continues paying rent.
Leaving a fixed-term tenancy early comes with certain drawbacks for the tenant and a private landlord may go as far as to require that the tenant pay rent until the expiration of the contract, even if they don’t live on the property.
Once you know your rental period and the type of tenancy agreement you are under, consider whether or not you indeed need to terminate your rental arrangement with the landlord. If so, check the contract for the notice period that is mentioned there. The notice period can be anywhere between a month and three months before vacating the premises. For long-term tenancy, the notice period can even be hired. It is important to note that the notice you give must coincide with the dates that define the beginning and end of the tenancy period, known as the tenancy period runs.
Don’t forget to get yourself some legal advice in case you are not certain what your obligations under the contract are – better safe than sorry.
How do you write a notice letter to your landlord?
With the rental agreement details at hand, you are now ready to draft your landlord notice. A well-crafted tenancy letter should include the landlord’s address, the property address, the contract details such as the contract number and the date it has been signed, the rental period you lived at the property, and more. In addition to the body of text that you will include in the letter, you will need to mention the reason you are leaving, such as that your fixed-term tenancy ends and you are relocating. In that way, you will have a valid notice your landlord will be obliged by law to accept. If you are ending tenancy early, you should mention the legal reasons you have for that. If you don’t break clauses from other parts of your tenancy agreement, you should not have any issues with getting a refund on your security deposit. It is important that all details, including the potential ending of your tenancy early, and the fact you don’t break clauses in your agreement are vital for you to properly vacate your rental home. Also, make sure that your rent, as well as other bills, are paid in full before you send your letter.
Sample Tenancy Letter for Giving Notice to Your Landlord
Download the Notice Letter Template for End of TenancyDear [your landlord’s, property manager’s or company owning the property name and other relevant details],
I am giving you my [notice period] notice to end my tenancy, as required by law and our tenancy agreement contract. I am vacating the property at [date you are vacating the property]. Please, be at the address on the day of my move, so that you can inspect the premises and have me return my keys to you. I would also like to have my security deposit of [the amount of your tenancy deposit] returned at that time.
Sincerely yours,
[Your name]
In addition, you might need to attach a list of any furniture and other possessions you will be leaving at the property that were not there when you moved in.
If you have a joint tenancy
A joint tenancy might require a little bit more preparation to leave. As you might guess, it is a little bit more complicated than the standard rental/lease situation. First, all tenants must agree on the date you will be vacating the premises. The same goes for ending a fixed-term tenancy early. Otherwise, you will need to use a break clause so that you can move out on your own. Using a break clause is the trickier part and might be a good occasion to seek legal advice so that you can make sure you are following the law. The same goes for allowing a new tenant to move in, if you want to move into a new property right away. Signing a joint tenancy agreement that includes all details regarding leaving is a must before you move into a rented property with someone else.
Leaving without giving notice period
Generally, that is the least desirable course of action you may take. Leaving without a notice doesn’t automatically terminate your tenancy. You will need to pay rent and other bills until the term of your contract expires. Furthermore, your landlord will keep your security deposit and can even take you to court if you refuse to pay rent and other bills. In order to avoid having your deposit withheld for the property not being in the condition that it was back when you moved in, make sure to have an end of tenancy cleaning performed. That would certainly save you a lot of time and hassle when dealing with your landlord and negotiating the return of your deposit in full.
