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How Tenancies End
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Before you start:
Before reading this guide you should work out what tenancy type you have using our ‘Check Your Occupation Type Guide’.
1. Introduction - and when a tenancy will NOT end
In this article we will be looking at the various methods that tenancies end. However first lets take a look at some situations where, contrary to what many people think – tenancies do NOT end.
Note that in this article we are just looking at tenancies. So the rules here will not necessarily apply to residential licenses.
If the tenant dies
As a tenancy is a form of ownership of land, in most cases, this will pass, along with everything else the tenant owns, to his ‘personal representatives’ to deal with. Although normally the personal representatives will want to end the tenancy by agreement with the landlord to stop the rent.
If this is not done, then the tenant’s ‘estate’ remains liable for the rent. Note that a landlord can end a tenancy on the death of the tenant by serving notice on an official called the Public Trustee (you can find out more about this here).
However, in some circumstances, the tenancy will pass under the ‘succession rules’ to a family member
- If the tenancy is an assured tenancy under the Housing Act 1988 then it will pass to the tenant’s spouse, unless the deceased tenant had already inherited the tenancy from his or her spouse, or the deceased tenant became the sole tenant on the death of a joint tenant, or if the deceased tenant was a successor tenant under the Rent Act 1977. ‘Spouse’ can include a same-sex partner.
- If the tenancy is a protected tenancy under the Rent Act 1977 a spouse of the original tenant (including a same-sex partner) can inherit a second protected tenancy. If there is no surviving spouse, then any member of the deceased’s family living at the property at the time of death will succeed to an assured tenancy under the Housing Act 1988. There can only be a second succession if, on the death of the spouse of the original tenant, there is a member of the family of both the original tenant and the successor tenant, residing in the property at the time of death and for at least two years beforehand. This succession will be to an assured tenancy.
If the succession rules do not apply, then the tenancy will pass to whoever inherits under the tenant’s will or intestacy.
If the landlord wants to recover possession of the property, there is a ground for possession (ground 7) which the landlord can use to recover possession.
However, this ground cannot be used against someone who was living at the property immediately before the death of the tenant UNLESS the tenant who died had inherited the property themselves. It also can’t be used for certain types of tenancy (mainly social tenancies) set out in the legislation.
If the landlord dies
If this happens, ownership of the property will (eventually) be passed to someone else (for example if they are left the property in the landlords will) and that person will eventually become your new landlord.
Until that time, your landlord will be whoever is acting as the executor or administrator for your landlord’s property.
You need to be very careful who you pay rent to in these circumstances as if you pay the rent to the wrong person, you can be forced to pay it again to the right person.
The safest thing to do is to pay your rent into a separate (ideally interest bearing) bank account and leave it there until you know for sure who you should be paying your rent to. Do not spend the money!
If your landlord serves a section 8 notice
These notices do not end the tenancy but are an essential part of the eviction process. In most cases, a landlord will not be able to obtain an order for possession unless one of these notices (assuming the tenancy is an assured tenancy) has been served earlier. However, the tenancy will not actually end.
If this happens to you, you can find out more in the article here.
If the tenant moves out
You cannot end a tenancy just by moving out of the property! The tenancy will continue, along with your liability to pay the rent, until the tenancy ends in some other way.
So if you just move out, your landlord will still be able to sue you for the rent. At the very least he will be entitled to, in most cases, two month’s rent ‘in lieu of notice’.
Your landlord can sue you for this at any time during the next six years. After which his right to claim rent through the courts will lapse (under the Limitation Act 1980).
Let’s now take a look at the various ways in which a tenancy CAN end.
2. By a tenants' 'Notice to Quit'
As the vast majority of tenancies are now ‘periodic’ tenancies, in most cases they will be ended by tenants wanting to move out. They do this by serving a Notice to Quit, which can only be used if a tenancy is periodic.
A ‘Notice to Quit’ is not, as some people tend to think, just a name for a notice asking the tenant to leave. It is actually a special form of notice which ends a periodic tenancy.
Landlords of assured tenancies cannot serve Notices to Quit (or rather, they can but they will be of no effect!) – as they are prohibited by section 5 of the Housing Act 1988. However, the Act does not prohibit a tenant’s Notice to Quit.
So a tenant can serve this on his landlord to end a periodic tenancy. There is a rather strange rule which says that a tenant’s Notice to Quit served by one of joint tenants will end the tenancy, even if the other tenants do not agree or know nothing about it!
We have a Premium Guide available on preparing and serving a Tenant’s Notice to Quit. It is important that you get it right as if you give the wrong notice period it may be ineffective.
Tenancies which are not assured tenancies
As the vast majority of tenancies since 1 May 2026 (when the Renters Rights Act came into force in this respect) will be periodic, the rules regarding fixed terms will only apply to a small number of tenancy types.
However, in case these apply to you, we set them out in sections 3 and 4 below.
3. By the fixed term coming to an end
‘Fixed terms’ where you sign a tenancy for a fixed period of time, are normally only allowed now for ‘common law tenancies’. For example:
- Self-contained accommodation in the same building where the landlord lives – these are known as ‘resident landlords’. For example where someone rents out a self-contained ‘granny annexe’.
- Company lets – ie where the tenant is a limited company rather than a living person.
So if your tenancy is an assured tenancy you can ignore sections 3 and 4.
About fixed terms
Generally a fixed term will be for either six months or a year – but it can be for some other period of time.
When this period of time ends, the tenancy will end. Under a rule which lawyers call ‘effluxion of time’.
If the tenants have all moved out by this time, giving the landlord vacant possession of the property, then their liability under the tenancy will end.
Sometimes landlords will put clauses in tenancy agreements saying that tenants must give landlords written notice if they wish to leave at the end of the fixed term and that the tenancy will not end if they don’t. If so – the clause will be void and of no effect. Provided you have gone by the end of the fixed term, the tenancy will end.
And, it will end automatically. You don’t have to do anything to make it end.
Break clauses
Some, although not all, tenancy agreements will contain a special clause, called a ‘break clause’ which will allow either the landlord or the tenant to end the fixed term early.
The clause will normally set out what needs to be done to activate the clause. So if it says you must give the landlord not less than two months written notice, then you must write to the landlord not less than two months before you intend to leave letting them know (you can leave earlier but will be responsible for the rent until the end of the notice period).
Sometimes the clause will say it cannot be used at a specific time, eg during the first four months of the tenancy. If so – you cannot send your notice during the first four months of your tenancy! Or rather you can, but it won’t be valid.
If you want to serve notice on your landlord under a break clause, this should normally be done either in an email or letter (following the rules set out in the clause) and you should keep proof that the notice was sent or given. Just in case your landlord denies it later.
4. By agreement - known as 'surrender'
If you want to end a fixed-term early, this can be done if both the tenants (all the tenants if there are more than one) and the landlord agree. (Tenants can end a periodic tenancy themselves by a tenant’s Notice to Quit as discussed above).
But you have to all agree.
If your landlord is not willing to end the tenancy early, you will remain liable under it for the rent until the end of the fixed term – even if you are not living there any more.
Many landlords will agree to a surrender, particularly if you are able to find them a replacement tenant, so they will not be out of pocket.
However, for the tenancy to be properly surrendered, you will need to vacate the property and provide vacant possession so the landlord can re-let to someone else. If someone is still living in the property, then (depending on what was agreed with the landlord) you may still be liable for the rent until they go.
Joint tenants
A surrender of the tenancy will only happen if ALL the tenants agree and move out. If just one of the joint tenants moves out and other tenants remain, then, during the fixed term, the tenancy will continue. As the landlord has not got vacant possession.
Implied surrender
If a tenant has moved out of a property without telling the landlord, removed all their possessions and left the keys behind, then a landlord is entitled to treat this as an implied offer to surrender by the tenants and ‘accept it’ by going in and changing the locks.
However, you can’t count on the landlord doing this. The landlord may prefer to just sue you for the rent.
5. By a landlords Notice to Quit
Landlords cannot serve Notices to Quit for assured tenancies. They must use the statutory section 8 procedure if they want possession back and the tenants are unwilling to leave.
However, landlords CAN serve a notice to quit for common law or unregulated tenancies (explained briefly in section 3 above).
There is a complete list of tenancies that cannot be assured or assured shorthold tenancies in Schedule 1 of the Housing Act 1988.
6. By a Court Order for eviction
Under the Protection from Eviction Act 1977 a residential occupier can only be legally evicted (save for a few exceptions) by the landlord obtaining a court order for possession and then enforcing this via either the County Court Bailiffs or via a High Court Enforcement Officer (formerly known as the Sheriffs).
The following are the main ways a landlord can obtain a court order for possession:
For all periodic tenancies
- If the tenant has served a tenant’s Notice to Quit and then failed to move out. The landlord can base a claim for possession on the fact that the tenancy has ended due to the tenant’s notice, but they have not vacated.
For assured tenancies:
- If a section 8 notice has been served and the landlord has been able to prove the ground relied on. If that ground is a ‘mandatory ground ‘, the Judge has to grant possession. If the ground is a ‘discretionary ground’ the Judge will only make a possession order if he considers it appropriate.
For common law tenancies:
- If the fixed term has ended, the landlord has served a valid Notice to Quit, and the tenant has not vacated, or
- If the tenant is in arrears of rent, the landlord can apply to the court to ‘forfeit’ the tenancy
- A landlord can also apply to forfeit the tenancy based on some other breach of the tenancy but this is far less common and the landlord has to serve a special notice on the tenant first.
For protected tenancies under the Rent Act 1977
These tenants have very strong ‘security of tenure’ and there are only very limited grounds a landlord can use to evict them.
The main situations where landlords are likely to succeed in a claim for possession are
- If the tenants are in arrears of rent, and
- If the landlord has provided ‘suitable alternative accommodation’
If your landlord is threatening to evict you through the courts
You should ALWAYS obtain legal advice – as many landlords make mistakes in the procedure and paperwork, meaning that the claim can be defended. You may be entitled to legal aid to defend.
See our detailed guide here for tenants threatened with eviction.
We also have a further advice services page here.
7. By 'unwinding' the agreement
This is less important now, since the coming into force of the Renters Rights Act 2025, most tenancies are now periodic. Tenants can now end tenancies easily by giving two months’ notice to quit.
However, we set out the unwinding procedure below. It can, for example, be used to recover all money paid if used within 1 month of the tenancy start.
What is ‘unwinding’?
If you are able to prove that your landlord or his agent were engaged in ‘aggressive or misleading selling practices’, then you may be entitled to ‘unwind’ your tenancy.
This is under the Consumer Protection from Unfair Trading Regulations 2008, as amended by the Consumer Protection (Amendment) Regulations 2014.
The aggressive or misleading practice must have been a key factor in your decision to enter into the tenancy. It must also be something which would be likely to cause the “average customer” to do the same.
This could happen if, for example, an agent or landlord promised that certain repairs would be carried out before you moved into the property and this condition was the key factor in influencing your decision to rent the property. But then the landlord or agent failed to carry out the works.
You will need some sort of evidence to prove that you only signed the contract because of the misleading information or aggressive tactics – for example, emails exchanged with the landlord or agent before you signed the tenancy agreement.
Other things that could be classed as aggressive or misleading include:
- false claims made by the agent or landlord,
- describing the property in a misleading way or
- being deliberately vague about the actual price of renting the property, and
- hiding additional costs and charges from potential tenants.
Giving notice
To be entitled to claim the right to unwind, you must inform the landlord (or landlord’s agent) that you want to reject the contract within 90 days of the tenancy start date.
Strictly speaking, there is no obligation for this to be put in writing, but you will find it hard if not impossible to prove your claim if you don’t. So in reality, giving notice in writing is essential.
If you do this during the first month of the tenancy, you will be entitled to a full refund of all the money you have paid out. Otherwise, if you give notice after one month but less than 90 days after the start of the tenancy, then a refund may still be given but will be calculated by the court.
Getting the unwinding order
Unless your landlord or agent accepts that the tenancy has ended and you are able to agree on a refund, you will need to go to court to obtain the unwinding order and a CCJ for any refund the court may award to you.
This procedure is not well known. At the time of writing, we do not have any significant case law.
If you think you have grounds to unwind your tenancy, you should seek legal advice quickly, bearing in mind the time limits. One of the organisations listed in our further advice article should be able to help.
However, do bear in mind that before you rent the property you have a responsibility to conduct a thorough inspection, ask questions, and assure yourself that it is suitable for your needs. So if you just find that the property is not what you thought, this probably would not be sufficient. There must be some active misleading action on the part of the agent or landlord.
If you are out of time for getting an unwinding order
If you rented your property because of your landlord or agent’s ‘aggressive or misleading selling practices’, the regulations also provide for you to claim a rent discount. You can also claim damages if you have incurred a financial loss or suffered alarm, distress, physical inconvenience or discomfort. These remedies are not subject to the 90-day time limit.
Again, if you cannot agree to anything with the landlord or agent, you will need to apply to the Court.
8. And finally
These are the main ways that a tenancy can end. Your tenancy will almost certainly end in one of these ways.
It also technically possible for a tenancy to end:
- Further to a notice served on your landlord if you do not have any ‘right to rent’ in the UK, or
- If the property is destroyed eg by fire, or if it becomes totally uninhabitable (check your tenancy agreement as it my have something about this)
But these are uncommon.
Statistically, the vast majority of tenancies are ended amicably by tenants wanting to vacate.
This is the end of this article.
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