Can a Tenant Leave Early? Ending a Tenancy Under the Renters' Rights Act

What changed on 1 May 2026?

The Renters' Rights Act 2025 abolished fixed-term tenancies in England. Since 1 May 2026 every private residential tenancy is an assured periodic tenancy, with no fixed term and no minimum term, even if both sides want one.

Before the Act, most landlords let on an assured shorthold tenancy for six or twelve months. The tenant signed up to the whole term. If they wanted out early they needed a break clause, the landlord's agreement, or a replacement tenant. If they left anyway, the landlord could chase rent until the term ended or a new tenant moved in. That is the world the old advice describes.

Under the Act, a tenancy simply runs from one rent period to the next until it is ended lawfully. It is periodic: monthly if the rent is paid monthly, weekly if it is paid weekly. It carries on until the tenant gives notice or the landlord ends it on a Section 8 ground.

What happened to existing tenancies?

Fixed-term ASTs that were running on 1 May 2026 converted to periodic tenancies on that date. The tenant did not need to do anything, and nor did the landlord. A tenancy that was signed for twelve months in February 2026 is now a rolling periodic tenancy, and the twelve-month end date on the paperwork means nothing.

What about new agreements that still say "12 months"?

A clause that claims to lock a tenant in for six or twelve months has no effect. The same goes for a "minimum term" clause, an early exit fee, or wording that says the tenant cannot serve notice before a set date. You can still put a start date and a rent amount in the agreement. You cannot use it to stop the tenant ending the tenancy.

So what does "leaving early" mean now?

It now means one of three things:

• The tenant gives the notice the law requires, and the tenancy ends when that notice expires.
• The tenant and landlord agree in writing to end it sooner than the notice period.
• The tenant leaves without giving notice, and the tenancy carries on until it is ended one of those two ways.

The rest of this page covers each of those. For the wider picture of what else the Act changed, see the Renters' Rights Act guide. For the notice periods on the landlord's side, see the Renters' Rights Act notice periods page.

How much notice must a tenant give?

At least 2 months, in writing, expiring at the end of a rent period. A tenant can serve it at any time, including in the first month of the tenancy. You cannot require longer than 2 months.

Three things make up a valid notice from a tenant:

1. It is in writing. A text, an email or a letter all work as a record. A verbal "I'm going" does not start the clock. If a tenant tells you in person, ask them to confirm it in writing and reply to say you have received it.
2. It gives at least 2 months. Anything shorter is not a valid notice unless you agree to it in writing.
3. It expires at the end of a rent period. In practice that is the day before rent is next due, or the rent due day itself, depending on how the rent period is defined in the agreement. Check the wording of your agreement to see which applies.

You cannot ask for more than 2 months. If an older agreement says the tenant must give three months, or must wait until month six before serving notice, that wording has no effect.

Worked example

Rent is £900 a month, due on the 1st. Each rent period runs from the 1st to the last day of the month. The tenant emails a written notice on 10 October 2026.

• Two months from 10 October is 10 December 2026.
• 10 December is not the end of a rent period, so the notice cannot expire then.
• The next rent period end after 10 December is 31 December 2026, the day before rent is next due on 1 January 2027.
• The tenancy ends on 31 December 2026, and rent is owed up to and including that day.

If the agreement defines the period so that the rent due day itself is the last day of the notice, the end date moves accordingly. The principle does not change: at least 2 months, ending on a rent period boundary. Use the notice period calculator if you want to check a date before you write back.

Scenarios at a glance

Joint tenants

On a joint tenancy, a notice to quit from one joint tenant ends the tenancy for everyone. This catches out couples and sharers who split up. If one of three sharers serves notice, all three tenancy rights end on the notice date. The others cannot cancel it by ignoring it. If they want to stay, you can agree a new tenancy with them, but that is a fresh agreement and you are free to decide on it as you would for any new tenant, including referencing.

Withdrawing a notice

A tenant can withdraw a notice before it takes effect only if you agree. You do not have to. If the tenant has changed their mind and you have already started advertising, you are entitled to hold them to the date they gave. If you are happy for them to stay, record your agreement in writing so both sides have the same understanding.

Can I hold a tenant to a fixed term or a break clause?

No. Residential tenancies in England no longer have fixed terms, so there is nothing to hold a tenant to and no break clause to invoke. A minimum term written into an agreement has no effect.

Break clauses existed to let a tenant leave a fixed term early on set conditions. With no fixed term there is nothing to break, so the clause no longer does a job. If an agreement you granted before 1 May 2026 contains one, its notice wording does not override the statutory notice. The tenant's route out is the 2 months' notice described above.

What is a "minimum term" clause worth now?

Nothing that you can enforce. A clause saying the tenancy runs for 12 months, that the tenant cannot serve notice in the first 6 months, or that leaving early triggers a payment, does not bind the tenant. Trying to enforce one is likely to create a dispute you will lose and a complaint you do not need.

What you can still do is set expectations honestly. If a tenant is unlikely to stay long, you will know sooner by asking about their plans at the start. If you need a tenant who stays, the tools are the ones that were always the better ones: a decent property, a fair rent, quick repairs and good communication. Those keep tenants far more reliably than a contract clause ever did.

Can I still charge a fee for leaving?

No. Charging a tenant for ending the tenancy is a prohibited payment under the Tenant Fees Act 2019. That was true before the Act and it is more obviously true now. See the FAQs below for what you can and cannot recover.

There is one related point to keep in mind if you are dealing with a tenant who is being difficult about viewings during their notice period. The tenant can still refuse access unless they agree, and the practical route is to work it out with them. The tenant refuse viewings guide covers how to handle that.

What if the tenant leaves before the notice expires?

Rent is still due until the notice period ends, unless you agree an earlier end date in writing. Moving out does not end the tenancy, only a valid notice or a written agreement does.

A tenant who gives 2 months' notice in October and moves out in November has not shortened the notice. The tenancy runs to the end date in the notice, and rent is due up to that date. The empty property is still their tenancy until then.

Surrender by agreement

You and the tenant can agree in writing to end the tenancy earlier than the notice period. This is called surrender by agreement, and it is the only way to shorten the timeline. It is useful when you have a new tenant lined up or you want to start a refurbishment. It also suits tenants who have found somewhere else and would rather settle the position than argue about it.

A good surrender note is short. It should cover:

• The address and the names of everyone on the tenancy.
• The agreed end date.
• That rent is owed up to that date and no further.
• Any rent already paid for days after that date, and how it will be refunded.
• The date of the check-out and who will attend.
• That keys will be returned on or before the end date.
• How and when the deposit will be dealt with.

With joint tenants, get every tenant to agree. If only one has signed, it is safer to serve on the basis of the single notice rather than rely on a partial surrender.

Your duty to be reasonable

You are entitled to the rent to the end of the notice, but you should act reasonably about a tenant who has already gone. Reply to their notice promptly, confirm the end date in writing, and do not drag your feet over the check-out. If a tenant has asked to leave sooner and you can agree without loss, saying yes usually costs you nothing and gets the property back on the market earlier. If you refuse, say why and keep a record. If the matter ever ends up in front of a deposit adjudicator or a court, a landlord who can show sensible, documented conduct is in a much stronger position.

Re-letting before the end date

You can market the property during the notice period. You cannot give a new tenant a right to move in before the current tenancy has ended, so any new tenancy has to start on or after the end date, or after a surrender you have agreed in writing. If the outgoing tenant has left early and you re-let from an earlier date without an agreed surrender, you risk a dispute about double rent and about whether you accepted the surrender. Agree the end date first, in writing, and then re-let.

Can a landlord end a tenancy early?

Not on a whim. Landlords can no longer serve Section 21. A landlord can only end a tenancy on a Section 8 ground, with the notice that ground requires.

People often ask whether a landlord can "break a lease". There is no lease term to break, and there is no no-fault route either. Section 21 has gone. What is left is Section 8, where you have to give a reason that the law recognises and then prove it if the tenant does not leave.

There are other Section 8 grounds, including antisocial behaviour and breach of the tenancy agreement. Each has its own notice period and its own conditions. This page covers the two that come up most often when the question is about leaving early. The notice periods page and the Section 8 eviction guide go through the full list.

What this means in practice

• You cannot ask a tenant to leave because their tenancy has run for a while, or because you would prefer a different tenant.
• If you want to sell or move in, you need 4 months' notice, and you cannot use those grounds in the first 12 months of the tenancy.
• If the tenant is in serious arrears, you need the arrears to reach 3 months (13 weeks if weekly) when you serve the notice and again when the court hears the case, and you must give 4 weeks' notice. Arrears that fall away before the hearing mean the ground fails.
• If the tenant does not leave when the notice expires, you still need a court order. You cannot remove them yourself.

Anything that looks like pushing a tenant out, such as cutting off services, removing belongings or changing the locks, is unlawful eviction. A tenant who wants to go early is a very different situation from a landlord who wants a tenant to go, and the law treats them very differently.

What happens to the deposit when a tenant leaves early?

You must return the deposit within 10 days of agreeing the amount with the tenant once the tenancy ends. You can only deduct for arrears, damage beyond fair wear and tear, or cleaning to return the property to its start condition. You cannot keep the deposit as a penalty for leaving.

Leaving early does not change the deposit rules. It is the same process as for any other tenancy ending. The steps are:

1. The tenancy ends on the notice or agreed end date.
2. You carry out the check-out and compare it with the inventory.
3. You propose a figure to the tenant, with evidence for any deduction.
4. You agree the amount with the tenant.
5. You return the agreed amount within 10 days of agreeing it.

What you can deduct for

The rent you can claim is the rent owed to the end date. If the tenant left in November but the notice ends in December, the December rent is owed and can be deducted if it is unpaid. It is not a penalty, it is rent for the period the tenancy was still running.

If the deposit was protected in a government-approved scheme, the scheme's own dispute process applies when you and the tenant cannot agree. The deposit protection guide covers the process, and the official rules are on GOV.UK.

What if the tenant just disappears?

If a tenant leaves without notice, the tenancy continues and rent keeps accruing. Get written confirmation that the tenant has surrendered, or serve notice on a Section 8 ground, before you re-let. Never change the locks on an occupied tenancy.

A property that looks empty is not necessarily an ended tenancy. The tenant may be away, in hospital, or working elsewhere for a few weeks. If you re-let or clear the property on the assumption they have gone, you can end up with a claim for unlawful eviction. Changing the locks on a tenancy that is still running is unlawful eviction.

What to do

1. Try to make contact. Phone, text, email and write to the property. Keep a record of each attempt and the date.
2. Check the signs. Look for unpaid rent, uncollected post, utilities that have stopped and reports from neighbours. Only enter the property with the tenant's consent or under a right you actually have, and give notice where the agreement requires it.
3. Ask for written confirmation of surrender. If the tenant replies that they have left and are handing back the keys, agree the end date in writing. That gives you a clean end to the tenancy.
4. If there is no reply, use a lawful route. Serve notice on a Section 8 ground if one applies, most likely rent arrears under Ground 8 once the arrears reach the required level. Follow the required notice period and, if needed, the court process.
5. Only re-let when the tenancy has ended. That means a written surrender, an expired notice, or a court order.

This takes longer than changing the locks, and it is meant to. It protects you from a claim that is far more expensive than a few weeks of rent. Rent continues to accrue in the meantime, and it is recoverable from the tenant and, if needed, from the deposit.

The tenant abandoned property guide covers what to do about belongings that have been left behind.

How do I end the tenancy cleanly? A step-by-step checklist

Acknowledge the notice in writing, confirm the end date, arrange the check-out, take meter readings, return the deposit within 10 days of agreeing the amount, and close the tenancy in your records. Doing these in order keeps every date on paper.

1. Acknowledge the notice in writing. Reply within a day or two. Say you have received it, quote the date it was served, and state that you will confirm the end date shortly.
2. Confirm the end date. Work out the date the notice expires from the rent period boundary. Send it to the tenant, and to every joint tenant, in writing. If anything is unclear, say what you have assumed and ask them to correct you.
3. Decide whether to agree an earlier date. If you want the property back sooner, or the tenant has asked, agree a surrender in writing and note the new end date.
4. Book the check-out and inventory. Arrange a date on or as near as possible to the end date. Invite the tenant to attend. Use the same inventory you used at the start so the comparison is fair. The end of tenancy checklist lists what to look at.
5. Take meter readings. Record gas, electricity and water readings with photos and dates. Pass them to the utility companies and the council for council tax.
6. Agree the rent position. Work out the rent owed up to the end date and any rent paid for days after it. Refund the overpayment.
7. Propose the deposit figure. Send the tenant an itemised proposal with evidence for each deduction. Agree the amount with them.
8. Return the deposit. Pay it within 10 days of agreeing the amount, and keep the payment record.
9. Close the tenancy in your records. Mark the tenancy as ended, file the notice, the check-out report and the deposit records, and update the property status ready for the next let.

Each step has a date attached and every date matters if a dispute comes up. A tenancy that ends with a clear paper trail rarely ends in a dispute.

Does this apply in Wales and Scotland?

No. This page covers England only. Wales and Scotland have their own tenancy laws and their own notice rules.

In Wales, private renting is governed by the Renting Homes (Wales) Act 2016, which uses occupation contracts rather than tenancies. In Scotland, private lettings fall under the Private Residential Tenancies rules, which already have open-ended tenancies with their own notice requirements. The notice periods, grounds and processes differ from those above, so do not apply the 2 months' notice figure or the Section 8 grounds to a property in either country. Check the position for the country where the property is located before you reply to a notice.