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Crickey, have times changed! It’s a whole new ballgame at this point.
In light of the introduction of the Renters’ Rights Act (RRA), this post has been stripped-down and reconfigured to reflect the changes it has brought about, most notably the removal of the much-used Section 21 notices as a method of ending a tenancy in England.
While many routes for ending a tenancy remain the same as pre-RRA, there has been a significant shift. The reality is that Section 21 notices (also known as “no-fault” eviction notices) were heavily relied upon by landlords, and now it’s been removed, along with fixed-term tenancies, we’re playing a different game.
Anyways, let’s get to it, here’s a guide on how to end / terminate a tenancy agreement the right way.
Page contents
- IMPORTANT: End your Tenancy Agreement the right way!
- The Significance of the Renters’ Rights Act & Periodic Tenancies
- Different ways of Ending a Tenancy
- Final points and tips for ending a tenancy
IMPORTANT: End your Tenancy Agreement the right way!
Ending a tenancy agreement may seem like an easy process. To be fair, it is relatively simple, but it’s usually not as straightforward as many landlords would hope, which is why some terminations don’t end up being legally valid.
More accurately, in many cases the method used could be successfully challenged in court if proper procedures haven’t been followed. In that situation, a landlord could find themselves stuck with an unwanted occupant who still has legal rights to remain in the property, along with a potentially significant legal bill. A lose/lose situation.
Despite popular belief, and as frustrating as it can sometimes be, a tenancy must be terminated through the correct legal procedures. While that may not always feel like the most desirable route – especially when dealing with problematic or non-compliant tenants – it is still strongly advisable to bow down and play by the rules to avoid a train wreck (i.e. significant legal and financial complications).
I can’t emphasise enough how important it is to handle the termination of tenancies correctly, in order to avoid potentially long and stressful delays, not to mention significant costs.
The Significance of the Renters’ Rights Act & Periodic Tenancies
Before going over the routes available to end a tenancy, it’s important to understand two key changes introduced by the Renters’ Rights Act (RRA) for landlords in England:
- All Assured Shorthold Tenancies (ASTs) automatically become Assured Periodic Tenancies (APTs). In other words, all tenancies are now open-ended, typically rolling on a monthly (or weekly) basis, depending on when rent is paid.
- Section 21 notices have been abolished.
These key changes mean landlords can no longer end tenancies as easily as before, and a significant amount of control over when a tenancy can end has effectively shifted towards tenants. In short, landlords can no longer end tenancies without a valid, permitted reason (and those reasons are extremely limited!).
I’m not going to argue the politics – the rights and wrongs – I’m simply going to set out the facts so you can make an informed decision.
Different ways of Ending a Tenancy
1) Tenant surrenders tenancy
From the day a tenancy begins, a tenant can surrender the tenancy by giving two months notice via a surrender notice (notice to quit). Essentially, the tenant is formally notifying the landlord that they wish to end the tenancy and vacate the property.
2) Mutual agreement
A mutual agreement can be reached at any point during a tenancy. It is where both the landlord and tenant agree to end the tenancy.
Ultimately, a “mutual agreement” to terminate a tenancy can be agreed as early as one day into the tenancy. It does happen (for whatever reason).
3) Section 8 – Tenant eviction notice
Section 8 is the primary route for landlords to regain possession.
Before the Renters’ Rights Act, Section 8 was primarily used to remove tenants who had breached the terms of the tenancy, thereby giving landlords valid grounds for repossession (e.g. rent arrears).
However, with the removal of Section 21, its scope has since been expanded to include grounds that are not entirely based on tenant breach (for example, where a landlord wishes to sell the property).
If at any point a landlord has grounds to evict a tenant, they can begin the process by serving a section 8 eviction notice. One of the most common reasons for issuing a Section 8 is rent arrears.
Serving a Section 8 should generally be a last resort if it is being used to evict a tenant for breach of the terms of the tenancy, as the process can become lengthy and complex if the tenant does not vacate following service of the notice. Before serving notice, it is often worth attempting to reach a surrender agreement or mutual agreement to end the tenancy. Of course, this is not always possible, as some tenants simply are not willing to cooperate in these situations.
A Section 8 notice can be served at any point during a tenancy, but it must align with the specific ground being relied upon and its notice requirements (for example, the rent arrears ground cannot be used unless the tenant is at least three months in arrears).
If there is no suitable ground under Section 8 that permits repossession, then it is unlikely you will have grounds to proceed. In that case, you are either stuck with the tenant until they choose to surrender the tenancy, or you can have an open and honest conversation with them to see if there is scope for a mutual agreement to end the tenancy.
Final points and tips for ending a tenancy
- Serving notices alone will not end or terminate a tenancy – they are only a request for the tenancy to end. A tenancy is only officially terminated once the tenant has vacated the property and returned the keys. In cases involving uncooperative tenants, a court order may be required to obtain a possession order.
Regardless of the method used to terminate a tenancy, landlords may still find themselves in a stressful situation if a tenant refuses to vacate. None of the methods above can physically force a tenant to leave the property.
- Record keeping: Every action taken in relation to ending a tenancy should be properly documented, and clear records should be retained. For example, if both landlord and tenant agree to mutually terminate the tenancy, this should be confirmed in writing, dated, and signed by both parties.
- Trackable delivery method: All correspondence should be sent in a way that can be tracked and evidenced, so there is a clear audit trail. This means using email or recorded delivery wherever possible.
- Complications can occur: In most cases, ending tenancies is relatively straightforward and painless, and landlords and tenants are generally cooperative.
However, it’s important to emphasise how challenging and stressful things can become if one party is unwilling to cooperate. It can quickly become a very difficult and uncertain situation.
If you find yourself in this position, I’ve covered a lot of what you should know in my My Tenant’s Rent Is Late blog post.
- Be fair and reasonable: If you are a landlord giving your tenant notice for on non-breached grounds, try to be as accommodating and reasonable as possible, especially if you are ending a tenancy with tenants who have been good throughout and may not be expecting to move out immediately. If they need an extra month in the property, it may be worth considering. Communication and compromise are often the best way to handle these situations.
- Timing is important: If you are a landlord looking to terminate a tenancy, it is generally wise to be mindful about timing. Informing tenants too early may result in them securing alternative accommodation sooner than you are ready for them to leave. If an early departure would cause financial or logistical issues, it is worth carefully considering the most appropriate time to give notice.
- End of tenancy cleaning: This can be a contentious issue. The reality is that disputes over the condition of a property at check-out are extremely common.
The general rule is that tenants should leave the property in the same condition as they received it, allowing for wear and tear. In principle, this is simple—but in practice, it is often where disagreements arise.
For more detail on the complexities of end-of-tenancy cleaning, you may want to read my end of tenancy cleaning blog post.
That’s pretty much all the options available to end a tenancy, summed up.
Landlord out xo
Disclaimer: I'm just a landlord blogger; I'm 100% not qualified to give legal or financial advice. I'm a doofus. Any information I share is my unqualified opinion, and should never be construed as professional legal or financial advice. You should definitely get advice from a qualified professional for any legal or financial matters. For more information, please read my full disclaimer.
@Clive
Landlords still need to provide 2 months' notice from the date rent is due e.g. if you're giving notice half way through a "period", you may need to give just under 3 months notice so two full periods notice is given.
It differs for tenants, they only need to provide one "period" notice e.g. if rent is paid monthly, one full month notice is required (which could end up being just under 2 months' notice, depending on when the notice is served).
@Jay
Yeah, letting agents take advantage by charging ridiculous amounts for serving what is effectively very simple documents. You can find free examples online, but there are also some available on this website in the landlord forms section.
@Malcom
Nice tip, and I agree, that seems more airtight! Many thanks!