Ending a tenancy 

Giving notice to end a tenancy

There are various ways a tenancy can end. The most common way of a tenancy ending is when a tenant gives the landlord the required one month's notice, and then leaves.

The tenant can give one month's notice to expire at the end of any fixed term or during a periodic tenancy (where the fixed term has expired and the tenancy rolls on from month to month).

Example of a tenant giving notice to end a tenancy:

A 6 month fixed-term tenancy starts on the 1st January.

The tenant could give one month's notice to end the tenancy on 30th June (this is the last day of the fixed term).

If the agreement is not renewed, it becomes a periodic tenancy on the 1st July. The tenant has to give one month's notice to end the tenancy.

Example of a landlord giving notice to end a tenancy:

A 6 month fixed-term tenancy starts on the 1st January.

The landlord must serve a Section 21 notice if they wish to end the tenancy on 30th June (this is the last day of the fixed term). The Section 21 notice must give the tenants at least two months' notice.

If the agreement is not renewed, it becomes a periodic tenancy on the 1st July. The landlord has to serve a Section 21 notice giving at least two month's notice to end the tenancy.

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What is a section 21 notice?

When a landlord wishes to end the tenancy by giving notice to the tenants, the document has to be in a prescribed form. It is not possible to simply write a letter explaining that notice is being given. There are two types of section 21 notice: one that gives notice during a fixed term, and one that gives notice during a periodic tenancy.

It is important that landlords give notice to end tenancies properly as incorrect paperwork can mean the tenancy is not lawfully ended. This can cause problems if landlords ever have to go to court to regain possession of a property. A good letting agent can ensure that the correct notice is always used.

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When a tenant moves out

At the end of a tenancy, a landlord or letting agent will check to make sure that the property is being handed back in a satisfactory condition.

If the property is in a good condition and no money is owed in rent, the security deposit can be returned to the tenant.

There maybe some cleaning or repair works that need to be carried out at the end of a tenancy, the cost of these works should be negotiated with the tenants and an appropriate deduction made from their security deposit.

Finally, the utility companies and local authority need to be informed that the tenants have vacated and the accounts transferred to either the landlord's or new tenants' names.

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