Overview
Most tenancies in England are Assured Periodic Tenancies. This means that the tenancy will have a period of one month renewing every month, indefinitely. Tenants will be able to end the tenancy at any time by serving 2 months’ notice to the landlord.
Surrendering the Tenancy
The simplest way to end a tenancy outside of tenants serving notice, or serving a section 8 notice, is by all parties signing a deed of surrender. We have a guide on deed of surrenders here.
If everyone agrees to sign a deed of surrender then the tenant may be asked to cover certain costs that the landlord has incurred by ending the tenancy early. The costs that a tenant can be required to cover are limited under the Tenant Fees Act 2019. So, we recommend that you check the official government guidance on what is and is not covered and seek independent legal advice if you are at all unsure of whether a cost is likely to be permitted. Any costs to be covered by the tenant(s) should be clearly set out in the deed of surrender.
The tenancy will end on the agreed date, once everyone has signed the surrender.
Finding a Replacement
The last option is for the tenant to find a replacement tenant for the remaining tenancy.
In this scenario landlords normally ask the tenant to cover the costs of changing the contract. The Tenant Fees Act caps the cost of most changes to contracts at £50.00 (and setting up a new contract on OpenRent costs £69.00).
Again, once the new tenant has been found everyone on the existing tenancy should sign a deed of surrender to confirm that the original tenancy has ended.
Additional Guidance
Regardless of how you agree to end the tenancy with the tenant it's important to ensure that you follow the normal end-of-tenancy process:
- Conduct an end-of-tenancy check on the property condition.
- Contact the deposit scheme to ensure the deposit is treated correctly in accordance with whatever is agreed between you and the tenant as part of the surrender.
- Mark the tenancy as completed on OpenRent.
Information on this site is by way of general guidance only and may not apply in your particular circumstances. You should not act or refrain from acting upon information on this site without seeking independent legal advice.