Ending a Tenancy Agreement

The ways that a tenancy agreement can be ended depend on the type of agreement that is in place between the landlord and the tenant and also on whether both parties agree to the ending of the tenancy.

There are at least eight ways a tenancy agreement can come to an end prior to the fixed term being concluded. In the article below we will look at how the tenancy agreement can end, and what both parties must do to make it happen. These conditions protect both parties in the event that the agreement must come to an end. They adhere to the landlords and tenants rights.

If Both Parties Agree:

A tenancy agreement can end if both parties agree to the disillusion. This type of agreement is called a “surrender.” A surrender can occur by operation of the law or by a declaration of surrender. In order for this type of ending agreement both parties must agree and put the declaration in writing. If there is a joint tenancy agreement, both tenants must sign the agreement and submit it to the landlord. If both tenants are not vacating the landlord could be accused of unlawful eviction. The landlord can sign an independent lease with the tenant remaining, but a surrender agreement of dual tenancy must still be signed.
A surrender by operation of the law means that the property is being turned back to the landlord by the tenant, and the landlord has accepted this change. The declaration of surrender is the written paperwork mentioned above.

Fixed and Periodic Agreements:

The fixed and periodic agreements has a “break clause” within the agreement. This allows the tenant to break the signed contract without retribution from the landlord. A typical clause will state that the tenant must give a certain period of notice, and that they are forfeiting their deposit. In some clauses the tenant may still be liable for the rent due during the period. For example if the tenant has two months left they may have to pay that amount in rent, plus lose the deposit.

On the landlord’s behalf the tenancy can end when written notice has been given two months prior to the end of the tenancy. In other words if the tenant has rented the property for 6 months, the landlord may end the tenancy with a written notice after four months, in which the tenant may not sign a new agreement for another fixed term.

A periodic agreement differs slightly with a fixed term. A landlord only has to give four weeks notice in a periodic agreement. There is a clause to this though. If the rent is paid every two weeks for this periodic agreement then the landlord or tenant, whoever breaks the agreement, must give at least two months notice.

Ending the Agreement Early:

There are some cases in which an agreement may need to be ended early. The above information focuses more on giving notice that one does not want to renew their tenancy agreement and wishes to vacate the premises at the end of the period. In this section we will look at how the landlord may end the tenancy agreement early. The landlord can end the agreement if a breach of contract has been made. If this does occur the landlord must seek a court notice, stating their reason, and have it approved by the court before an eviction can take place. This method must have a valid reason as stated under the Tenants’ Rights.

Tenants Refuse to Leave?

There may be some instances where a tenant refuses to leave at the end of an agreement. If this occurs the landlord can get a court notice to take possession of the property. This notice is a section 21 notice to quit. It must be served two months prior to the end of the agreement by the landlord.

If the Tenants Leave Before an Agreement is up?

Some circumstances may force a tenant to leave the property. If they are aware of this need to leave the aforementioned clause will suffice. However, if the tenant just leaves with no notice the agreement is still in place. The landlord may follow through with court proceedings to get the rent due from the tenant. It will also depend on the type of agreement.

In this last case the tenancy agreement does not just end because the tenant leaves. They are still responsible for the agreement they signed.