Quick Guide - Ending Tenancies
Nothing lasts forever and all tenancies will eventually end.
However, it is important to realise that the fact that a tenancy has ended does not usually mean that the landlord can get vacant possession. Certainly, he cannot physically evict tenants against their will and attempts to do this will. be a criminal offence and will entitle the tenants to claim compensation.
In most cases, if the tenant remains in occupation, a new tenancy will take its place – normally, this will be a statutory or contractual periodic tenancy.
That said, in the boxes below is information about some of the main ways that tenancies can end. We also have an article here.
Note that if you are not a Landlord Law member, or have a Basic Membership some of the links will not work for you. To join click here. To upgrade your membership see here.
Most tenancies, at least to start with, will have a ‘fixed term’. If the tenants have moved out by the end of the fixed term, then the tenancy will end.The landlord cannot force it to continue, for example, by requiring the tenants to give notice.
However, as we say above, if the tenants remain in occupation, a new ‘periodic tenancy’ will in almost all cases be created. For assured and assured shorthold tenancies, this is because it says so in section 5 of the Housing Act 1988.
Sometimes however the tenancy agreement will provide for the tenancy to continue if the tenants have not moved out, and these are known as ‘contractual’ periodic tenancies.
Sometimes a tenant will just move out and abandon a property. However, unless this is at the end of the fixed term, it will not end the tenancy – save in certain circumstances where the landlord can ‘accept’ an implied offer to surrender.
We have the following content:Â
Articles:
FAQ:
Video:
A break clause is a clause which allows either party to end a fixed term early. Or sometimes there will be two – one for the landlord and one for the tenant.Â
FAQ:
If the landlord wants the tenant to leave it is normal to serve a possession notice requesting them to vacate.
There are various types of notice, depending on the type of tenancy. The main three are:
- Notices to quit
- Section 21 notices, and
- Section 8 notices.
However, it is important to realise that only the Notice to Quit will actually ‘end’ the tenancy. The other notices just entitle the landlord to claim possession in court proceedings if the tenant fails to leave. Here is some content:Â
FAQÂ
- Do landlords need to get a new Energy Performance Certificate (EPC) if it runs out before the end of the tenancy?
- How long do the possession notices last before the Landlord needs to serve another one? England
- How long do the possession notices last before the Landlord needs to serve another one? Wales
- How much notice should a tenant give if he wants to leave?
- My tenant has stopped paying rent at the start of a 12 month fixed term tenancy – what can I do?
- What can I do if I can’t prove service of a gas safety certificate before the tenants moved in?
- What do I need to do before I can serve a section 21 notice?
- What is a Notice to Quit?
- What is section 21?
- What is the How to Rent Booklet and when do I need to serve it?
- What is the situation if the tenants move out before the expiry of the section 21 notice?
- What notices need to be served on the tenant if you want to evict?
- When do landlords need to provide an Energy Performance Certificate (EPC)?
- Will a minor mistake make my possession notice invalid?
Articles:
If the tenants fail to vacate after notice has been served on them, then the landlord will have to obtain a Court Order for possession if he wants to recover possession.Â
We have a huge amount of content on possession claims which is listed on our Eviction Quick Start page.
Business Level members will find our Eviction Guide here.
Contrary to what you might think, the death of either the landlord or the tenant will not end the tenancy. It will pass to whoever is entitled to inherit it under the various inheritance and succession rules.Â
With the coming into force of the Renting Homes (Wales) Act 2016 in December 2022, the law on ending occupation contracts (as they are called in Wales) are now different. 
