How to Tell Your Landlord You’re Moving Out

Tenants’ Right to End a Tenancy Agreement

These are the key points every tenant should be aware of regarding the changes introduced by the Renters’ Rights Act in relation to ending a tenancy:

• Tenancies Became Periodic: Fixed-term Assured Shorthold Tenancies (ASTs) were replaced with Assured Periodic Tenancies (APTs), meaning agreements now continue on a rolling monthly or weekly basis depending on how rent is paid.
• Maximum Notice Period: Tenants are entitled to remain in the property until they choose to leave by giving up to two months’ notice (although tenancy agreements may allow for a shorter notice period, they cannot require more than two months).

In other words, from the moment you start a tenancy, you should never need to provide more than two months’ notice. Yes, you can even exercise that right on the day you move in (which is precisely why many landlords are so pissed).

Check Your Tenancy Agreement!

First and foremost, I strongly recommend checking the terms of your tenancy agreement before doing anything else, because it should state how much notice you need to give your landlord – either two months or less.

If your tenancy agreement does not specify a notice period, or if you do not have a written agreement (for example, you have a verbal tenancy agreement), then you will generally need to provide two months’ notice.

How to Notify Your Landlord That You Are Ending the Tenancy

You should serve official notice to your landlord in writing by formally issuing a Notice to Quit.

If You Want to Leave Earlier Than the Notice Period

Tricky.

So, for example, you are contractually obligated to give two months’ notice, but you want to give only one month (for whatever reason).

From a legal standpoint (and this should come as no surprise), you are obligated to remain bound by the tenancy until the notice period expires. Until then, you must continue to fulfil your obligations under the agreement (for example, paying rent on time). The landlord is under no obligation to accept an earlier termination.

So your realistic options are:

• See Out the Notice Period: Accept the hand you have been dealt, and that you are required to remain liable for the tenancy until the notice period expires. You can, of course, vacate earlier, but you will still need to to fulfil your obligations.
• Negotiate a Compromise: Negotiate with your landlord to mutually agree to surrender the tenancy earlier than required. Many landlords are willing to do this when tenants agree to assist with viewings or agree to leave once a replacement tenant is found, provided this does not exceed the contractual notice period.

Your Tenancy Deposit

Fair warning: if you decide to vacate early without your landlord’s agreement, they may have grounds to make deductions from your deposit to cover losses such as unpaid rent or reasonable re-letting and remarketing costs.

Landlord out xo