You must issue your landlord with a notice to quit (NTQ), in order to end a tenancy, this must must be in writing and the notice period must be at least four weeks or longer (if the tenancy agreement requires you to give a longer period of notice.) Once issued the notice cannot be withdrawn without agreement from the landlord.
An NTQ must expire on either the first or last day of a period of the tenancy. For example, in the case of a monthly tenancy commencing on the first of the month, the notice can expire on the last day of any given month or the first (even if that is a short month, such as February).
Joint tenants/landlords
An NTQ served by only one joint tenant will end a periodic tenancy for all joint tenants. It is not necessary for any other joint tenant to consent or have knowledge of the service of the notice.
Housing Associations and the council must consider whether it is necessary and proportionate to take steps to recover possession from the remaining joint tenant, and may require a court order
An NTQ served on only one of the joint landlords is sufficient to end a periodic joint tenancy.
Fixed-term agreements
You can only issue an NTQ to end a periodic tenancy. An NTQ served during the fixed term of a tenancy will be invalid. It will not end the tenancy even if the notice period expires after the expiry of the fixed term.
The exception is if the agreement contains a break clause that allows for early termination. In this case you must give notice to comply with the conditions set out in the agreement.
Ending a fixed term tenancy early
You can end a fixed term tenancy early if you either:
- use a break clause in your contract
- agree an early end to the tenancy with your landlord
Some landlords include a break clause as standard in their agreements. Check your contract.
It might not be labelled as a ‘break clause’. Look for anything about giving notice or terminating the tenancy early. You can ask for a break clause to be included before you sign the contract.
You need to negotiate if you cannot use a break clause.
You do not have an automatic right to end the tenancy early even if:
- your situation has changed
- there are problems with the property or landlord
But you could use these things to persuade your landlord to let you leave early.
If you reach an agreement to end your tenancy and move out, it’s called a surrender
You could be responsible for rent until a new tenant moves in if you do not end your tenancy in one of these ways.
Joint private tenancies and relationship breakdown
You have a joint tenancy if you’re both named as tenants on the agreement.
Joint tenants have the same:
- rights to live in or return to the home
- responsibilities to pay rent, even if they move out
This can mean that you have to share a home for a while after breaking up. It can take time to work out what happens in the longer term.
Even if you’re not a tenant, you could have rights to stay if you’re married or civil partners.
If one joint tenant moves out, the joint tenancy continues if no one takes any steps to end it.
Your landlord cannot just take someone’s name off the agreement.
You’re both still responsible for the rent and any arrears.
But the landlord is likely to ask the person who still lives there for the whole rent.
If you stay and your ex moves out
There is a risk that your ex could:
- end the tenancy while you are still living there
- want to move back in at a later date
- stop paying rent
If you have a periodic or rolling contract, your ex could end the tenancy without your agreement. If this happens, the landlord could evict you by changing the locks when you’re out.
If you leave but are still a joint tenant
Your ex could build up rent arrears that you are still legally responsible for.
Your landlord could:
- go to court to get you to pay the money back
- evict your ex