Tenant Wants to Leave Early: Landlord Options UK

What are your options when a tenant wants to leave early?

You have four main options: allow them to use a break clause, agree to surrender, find a replacement tenant, or hold them to the contract. Each has different implications for you and the tenant.

Using a break clause

If your tenancy agreement includes a break clause, the tenant may be entitled to leave early by giving the required notice. Check the exact wording carefully.

Break clauses typically require:

• A minimum period before they can be used (e.g., 6 months into a 12-month tenancy)
• Written notice (usually 1-2 months)
• All rent paid up to date
• Property returned in good condition

If the tenant follows the break clause correctly, you must allow them to leave. If they don't meet the conditions, the clause doesn't apply and they remain bound by the full term.

Agreeing to surrender the tenancy

Surrender is when both landlord and tenant agree to end the tenancy early. It requires mutual consent and can be negotiated on whatever terms you both accept.

Common surrender arrangements include:

• Tenant pays rent until you find a replacement (capped at a certain period)
• Tenant forfeits part of the deposit to cover re-letting costs
• Clean break with no ongoing liability if property is returned in good order

Always document a surrender in writing. A simple letter signed by both parties confirming the tenancy end date and any agreed terms is sufficient.

Finding a replacement tenant

Allowing the outgoing tenant to find a replacement (or finding one yourself) can minimise void periods and keep everyone happy. The original tenant remains liable until the new tenancy begins.

Important considerations:

• You are not obliged to accept any replacement - normal referencing should apply
• The new tenant signs a fresh tenancy agreement with you
• The original tenancy is surrendered when the new one starts
• You cannot charge the outgoing tenant a fee for this process (Tenant Fees Act 2019)

Holding the tenant to the contract

If there's no break clause and you don't agree to surrender, the tenant is legally bound until the fixed term ends. They remain liable for rent even if they move out.

If the tenant leaves anyway without agreement:

• They are still liable for rent until the fixed term ends or you re-let
• You have a duty to mitigate losses by trying to find a new tenant
• You can pursue unpaid rent through the courts
• You may be able to use deposit funds to cover arrears

Consider whether pursuing arrears is worth the time and cost. Sometimes accepting the situation and focusing on re-letting quickly is more practical.

Can I keep their deposit?

You can make deductions from the deposit for unpaid rent and any damage beyond fair wear and tear. But you cannot keep the entire deposit as a "penalty" for leaving early.

Valid deposit deductions include:

• Rent arrears (including rent owed for the remaining fixed term, subject to mitigation)
• Damage to the property
• Cleaning costs if the property is not left in the agreed condition
• Missing items listed in the inventory

Ensure your deposit is properly protected with a government-approved scheme. See our deposit protection guide for full details on your obligations and how to make legitimate deductions.

What about rent until a new tenant is found?

The outgoing tenant remains liable for rent until either the fixed term ends or a new tenant takes over. However, you must make reasonable efforts to minimise the void period.

This is called your "duty to mitigate." Courts expect you to:

• Advertise the property promptly
• Consider reasonable applicants
• Not deliberately delay re-letting to maximise the claim

If you fail to mitigate, a court may reduce any arrears claim. Document your re-letting efforts in case of dispute.