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 of course. One of the most common type of tenancy agreement is the assured shorthold tenancy, which basically 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. Not only that, but some landlords include break clauses in the contract, allowing for early termination under specific conditions – and you should carefully review those. If your contract has one, understanding its terms is crucial before giving notice. 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 (as you might have heard of it). The former has an expiration date for your agreement, 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. For tenants under a weekly tenancy, the rules might be different. In some cases, the notice period required could be shorter, depending on local regulations and the specific contract terms.
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. If you intend to leave before your contract expires, your landlord may request a replacement tenant to take over your lease. Some landlords may even charge fees for early termination, so reading the contract carefully is key.
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. If you are in rent arrears, things can get more complicated. Landlords may be less willing to negotiate, and unpaid rent could lead to deductions from your deposit. In some cases, they could even pursue legal action to recover owed payments. 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 before sending an end of tenancy notice letter 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. It’s also advisable to mention any additional requirements your landlord may have stated in the contract, such as professional cleaning or repairs. This can prevent unnecessary deductions from your deposit.
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, in most cases at least 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 super important 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 End of Tenancy Letter for Giving Notice to Your Landlord
Download the Notice Letter Template for End of TenancyNotice to Vacate Rental Property
From: [Your Name]
[Your Current Address]
[City, Post code]
[Email Address]
[Phone Number]
[Date]To: [Landlord’s Name / Property Management Company]
[Landlord’s Address]
[City, Post code]Dear [Landlord’s Name],
I am writing to formally give [X days/weeks] notice to end my tenancy at [Rental Property Address], in accordance with the terms of our tenancy agreement. My last day at the property will be [Move-Out Date].
I would appreciate the opportunity to schedule a move-out inspection at a mutually convenient time. Please let me know your availability. On the agreed date, I will return the keys and ensure the property is left in good condition.
Additionally, I request the return of my tenancy deposit of [Deposit Amount] in accordance with the terms of my lease and applicable deposit protection regulations. Please confirm the process and timeline for its return.
Feel free to contact me at your convenience regarding any necessary arrangements.
Sincerely,
[Your Name]
In case you need to send a notice for Non-Renewal of the Lease:
Download the Notice for Non-Renewal of LeaseOr if you are planning an Early Termination of your Lease:
Download the Notice for Early Termination of LeaseIn 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. Before moving out, it’s useful to provide your new address in case the landlord needs to contact you after the tenancy has ended. This is especially important for receiving your deposit refund.
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. If one tenant leaves, the remaining tenants must often take over the full rent payment, unless a new tenant is found. 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 extreme cases, a court order might be required to settle disputes. Some landlords are strict about contracts, while others may be more flexible, depending on the situation.
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. It’s also important to differentiate between damage and fair wear – landlords cannot legally charge you for normal aging of carpets, furniture, or walls.
