Not every tenancy ends once the tenant has reached the end of the agreement. There are some instances where the tenant will wish to give notice and move on. Below we explain in more detail how to end a tenancy agreement early with a tenant.
Notice requirements
If a tenant wishes to end the tenancy agreement there are different notice periods required depending on the type of tenancy they have:
- Periodic: Monthly contracts require one month’s notice, or four weeks for weekly terms. If you live with the landlord there is no set notice period and this can be agreed personally with the landlord.
- Fixed-term: A tenant can only leave this type of contract if a break clause exists in the contract, or if they wish to negotiate an early exit with the landlord.
How to end a periodic tenancy early
If a tenant wants to end a periodic tenancy early the tenant must:
- Give proper notice (this will be stated in the agreement)
- Ensure the tenancy ends on the right day (the last or first day of the tenancy period)
In situations where the tenant does not meet these two criteria you may still be able to chase them for rent.
Even if a section 21 eviction notice has been issued and the tenant wants to move out before the expiration date, they may need to give proper notice.
How much notice is required for a contractual periodic tenancy?
A contractual periodic tenancy is a rolling contract that does not have a fixed end date, or a fixed term tenancy with a clause stating it turns into a periodic contract at the end of the fixed term period.
The amount of notice required will differ and will be stated in the tenancy agreement.
How to end a fixed-term tenancy early
With tenancies involving multiple tenants it must be decided if all, or only some, of them wish to leave early. If all wish to move out they must use a break clause or negotiate with the landlord.
Where it is only one or some who wish to leave they must find a replacement tenant who can move in and take over the tenancy. However, this must be someone both the landlord and the other tenants agree to before moving in.
Tenants wishing to end a fixed-term tenancy using a break clause must first ensure one exists in the contract. If one is present it will explain when notice can be given and how long it should be.
Should the contract not contain a break clause and the tenant wishes to leave, they may ask to negotiate. However, they should be aware that they have no legal grounds to leave even if they are unhappy with the property or landlord, of if their personal situation has changed.
A negotiation in this instance is referred to something called a ‘surrender’. The tenant will need to communicate their requests in writing and state why they wish to leave and possible suggestions for a replacement tenant.
The final decision is made at the landlord’s discretion and the negotiation may require the tenant meeting certain conditions set out by the landlord before they can leave.
If you are a landlord or tenant and would like any further information about the points raised above, get in touch with our friendly letting agent team on 0208 459 2530 or via email management@regalestate.co.uk.
Alternatively, if you’re thinking of ending your tenancy early and are looking for properties to rent in Willesden Green or the surrounding areas, check out our available properties.