What to do if a tenant wants to leave before the end of their contract

*The rules around tenancy in England have changed on 1st May, 2026, with some advice from the past being no longer relevant in today’s market*

Tenants asking to leave earlier than their contract says can leave landlords with a few questions. Can you refuse a tenant’s request? What happens to their deposit? And what do I do now?

In this guide, we will go over these questions, explain what to do, and the responsibilities a landlord has.

A tenant wants to leave before their contract ends: What has changed?

Before May 2026, private tenancies were agreed for a fixed period, such as a six month or 12 month contract. A tenant who wanted to leave during that contact period would need a break clause or have an agreement in place with the landlord or property owner.

This has now changed for most tenancies in England. The Renters’ Rights Act 2025 abolished fixed-term assured shorthold tenancies from 1 May 2026, and any AST that existed before that date automatically converted into an assured periodic tenancy. Landlords didn’t need to issue a new agreement for this to happen, though most were required to provide tenants with a government Information Sheet setting out the changes.

Now, new assured periodic tenancies (APTs) run on a rolling basis, rather than a fixed contractual end date, and it’s no longer possible to offer a new tenancy with a minimum fixed term at all.

How much notice does a tenant need to give?

A notice period can be agreed or found in a tenancy agreement, but a landlord cannot require more than two months notice. A tenant can give less than two months if the landlord agrees to this in writing, but there’s no obligation on a landlord to accept a shorter period. Notice also needs to be given in writing, and it only becomes valid once the landlord has actually received it, not from the date it was sent.

When should a notice period end?

A tenants notice must end either on the date rent is due, or the day before rent is due. We advise checking the correct date carefully rather than simply counting two months from the day notice was received, as a notice served on the wrong date can be invalid. It’s worth confirming the end date with your tenant in writing so both sides are working from the same date.

What happens to a tenant’s deposit if they leave before their contract?

If a tenant leaves earlier than their contract dictates, this does not mean a landlord can automatically keep their deposit.

The deposit must be dealt with through a tenancy deposit scheme, as per the law regarding APTs. Any proposed deductions need to relate to a genuine loss or breach of a tenancy agreement, supported by evidence.

Possible deductions can be from:

Unpaid rent
Damage beyond fair wear and tear
Missing items (where the tenant is responsible)
Repair costs (where the tenant is responsible)
Cleaning costs (where the tenant is responsible)
Replacement of keys or security devices

Once a landlord and tenant have agreed on the deductions, if there is any, their deposit must be returned and repaid within ten days.

Can a landlord refuse a tenant wanting to leave?

A landlord can’t prevent a tenant from leaving an assured periodic tenancy where a tenant has given valid notice.

However, landlords do not have to agree on a shorter notice period if the tenant wants to leave or move out immediately.

The tenant is allowed to move their personal belongings out before the tenancy ends, but rent will remain due until the correct notice period has expired. This applies even if the tenant has already moved into a new property; rent continues to accrue on the old tenancy until the notice period is up, regardless of whether anyone is living there.

What happens if a tenant changes their mind on leaving a property?

Once a valid notice has been given, a tenant can’t withdraw it themselves.

A tenant can only remain in the property if they agree in writing with a landlord or property manager. If there is no agreement, the tenancy will end on the date set out in their original notice. This can catch landlords out too, particularly if a property has already been marketed or a new tenant found. It’s worth getting any agreement to extend a tenancy confirmed in writing before making changes to re-letting plans.

What to do when a tenant gives you notice to leave

Receiving a notice doesn’t need to be a rush or stressful, we advise to check your records, and follow this simple plan.

Acknowledge the notice in writing

In this letter, you will need to confirm the notice has been received, and try not to mention a proposed date until you have checked your notice rules.

Check the rent

This is a good opportunity to review the tenants account and calculate the rent that will be due up until the agreed end of tenancy. It’s also the point to flag any outstanding payments or unresolved maintenance issues, since these are far easier to sort out before a tenant has moved out than after.

Arrange and organise check-out

The final stage is arranging and organising the check-out. This is best treated as a conversation rather than a checklist handed to the tenant on the day. Agree a suitable time for a final inspection, and explain what you will need from the tenant before they leave.

This may include:

Removal of belongings
Returning all keys and fobs
Clean property
Final meter readings
Forwarding address
Reporting of any damage or maintenance issues

Tenant departure help at Aspire to Move

A tenant giving a notice can create a long list of jobs, from inspections, property management, and finding a new tenant.

At Aspire to Move, we can help you every step of the way. Our landlord services and letting services include tenant finding, rent collection, property management, and support through any issues or questions.