A simple guide to ending a tenancy fairly

Ending a tenancy can be confusing, as the rules for landlords and tenants are different. Whether you’re a tenant wanting to move out, or a landlord needing possession of your property, it’s important to follow the correct legal process.

For Tenants

Tenants usually end their tenancy by giving notice in writing.

The type of tenancy you have affects the notice required:

• Fixed-term tenancy (e.g. 12 months): You cannot normally leave early unless:
  • your landlord agrees (called surrender), or
  • your contract includes a break clause allowing you to end it early
• Periodic tenancy (rolling month-to-month): You must give at least one month’s notice, ending on the last day of a rental period (e.g. if rent is due on the 1st, your notice should end on the 31st)

Always check your tenancy agreement for specific notice requirements.

For Landlords

Landlords must follow strict legal rules to regain possession. The two most common notices are:

• Section 21 Notice (“no-fault” notice):
  • Can only be used if the tenancy is an assured shorthold tenancy (AST)
  • Gives tenants at least two months’ notice.
  • Deposit must be properly protected and compliance documents served (EPC, gas safety, How to Rent guide)
• Section 8 Notice (when tenant has broken terms):
  • Used for rent arrears, anti-social behaviour, or other breaches
  • Notice period can be as little as 2 weeks, depending on the grounds used

If tenants don’t leave after the notice expires, landlords must apply to court for a possession order – self-eviction is illegal.

Returning the Deposit

• Tenants should get their deposit back within 10 days of agreeing deductions
• Landlords must justify any deductions with evidence (e.g. photos, invoices, inventory)
• Disputes can be resolved through the deposit protection scheme’s free adjudication service

Common Issues

Tenant leaves without notice: Landlord may be entitled to rent until proper notice is given or a replacement tenant is found

Landlord serves invalid notice: If the deposit wasn’t protected, or paperwork wasn’t served correctly, the notice can be challenged

Disputes over damage vs fair wear and tear: Normal ageing (e.g. worn carpets) is not deductible from the deposit

Key Tip:

Both landlords and tenants should keep everything in writing. Emails or letters provide a paper trail if disputes arise