If you want to end your occupation contract

Check if this advice applies to you

This advice applies if you have an occupation contract with a private landlord.

If you have an occupation contract, your landlord should have given you a written statement. Check your written statement - it will say that you have an occupation contract.

Even if you don’t have a written statement, you’ll still usually have an occupation contract if you:

• don’t live with your landlord

• started renting on or after 15 January 1989

If you’re not sure, or you have a different kind of agreement with a private landlord, check your contract or tenancy type if you rent from a private landlord.

You’II need to let your landlord know in advance if you want to end your occupation contract - this is called giving notice.

You have to give notice in the correct way - if you don’t, you might have to pay rent even after you’ve moved out. You might also have to pay other bills - for example, council tax. 

How much notice you give will depend on the type of contract you have and what your written statement says.

If you can't give the right amount of notice you might be able to agree with your landlord to end your contract early. This is called 'termination by agreement’.

If you’re thinking about ending your contract because of your landlord

Don’t end your contract because your landlord isn’t doing what they should - for example, if they’re not doing repairs.

You have the right to rent a safe home and to be treated fairly. The law is there to protect your rights - you can take action to get your landlord to do what they should.  

Talk to an adviser - they can check your rights and talk you through your options.

Check what type of contract you have

You’II either have a 'fixed term contract' which ends on a certain date or a ‘periodic contract’, which just continues on a monthly or weekly basis for example. 

If you had a tenancy that started before 1 December 2022 you’ll probably have a ‘converted contract’. On this date most tenancies were automatically converted to contracts. 

Check how much notice you’II need to give

The amount of notice you have to give to end your contract will depend on the type of contract you have.

Check your written statement to find out how much notice you have to give.

If you have a periodic standard contract

You’ll usually need to give at least 4 weeks’ notice.

Your landlord can’t make you give more notice, even if your contract says you have to.

If you want to leave sooner, check your written statement - it might say you can give less than 4 weeks’ notice.

If your written statement says you have to give 4 weeks notice, you can still ask your landlord if they’ll accept less. They don’t have to agree, but it’s worth asking.

If you have a fixed term standard contract

If you’ve got a break clause, you’ll need to give at least 4 weeks’ notice.

Your landlord can’t make you give more notice, even if your contract says you have to.

You can ask your landlord if they’ll accept less notice - they don’t have to agree, but it’s worth asking if you want to leave sooner.

If you don’t have a break clause:

• you can’t give notice to leave before the end of your fixed term contract

• you don’t usually need to give notice if you’re going to leave on the last day of your fixed term

• if you stay after the fixed term, your contract will become a periodic contract

If you have a joint contract

If someone you live with is named on your written statement, you’ll have a joint contract.

If you have a joint fixed term contract 

You will normally need to get the agreement of your landlord and the other contract holders to end your fixed term joint contract. If you end your contract it ends for everyone.

If your fixed term joint contract has a break clause you have to get all the contract holders to agree to end the contract, unless your written statement says otherwise.

If you have a joint periodic standard contract

You can usually only end your contract if your landlord and the other joint contract holders agree. If you end your contract it ends for everyone.

If it’s only you who wants to move out

You might be able to give your landlord a ‘withdrawal notice’ - this means letting them know in writing that you want to end your share of the joint contract.

You can give your a landlord a withdrawal notice if you have either:

• a standard periodic contract

• a fixed term standard contract with a break clause that says it’s allowed

You should usually give your landlord at least one month’s notice. 

If you paid a deposit

It’s a good idea to check you’ll get your share of the deposit back. You should do this before you give your landlord a withdrawal notice - contact the deposit scheme. 

If you’re not sure which scheme your deposit is with, check your written statement or ask your landlord.

What to say in your withdrawal notice

Make sure you include the date you want your share of the contract to end. 

You should say something like:

“I am giving one month’s notice to withdraw from the contract and end my individual rights and obligations under the joint contract, as required by my contract. I will be leaving the property on [date].

I would like you to be at the property on the day I move out to check the premises and for me to return the keys.”

If you’ve been told you’ll get your share of the deposit back, you should also say:

“I also need you to return my share of the deposit - this is [amount].”

Let the people you live with know you’re moving out

You should send anyone who jointly holds the contract with you:

• a copy of the withdrawal notice

• a letter warning them that you’re ending your share of the contract 

The other contract holders can take on your share of the contract and rent, or they might be able to add someone new to the contract. They should talk to your landlord about this.

Talk to an adviser for help if you want to end a joint contract.

Giving notice to end your contract

Check if your written statement says anything about how you should give notice. If it doesn’t say anything, give notice by writing a letter to your landlord. Make sure you keep a copy of your letter.

Your written statement might say you can give notice by email or text message. Don’t delete the email or text message after you send it, in case you need it later.

If you’ve checked your written statement and you’re not sure, it’s best to send your notice in a letter.

It’s a good idea to ask your landlord to confirm in writing they’ve received your notice. You could ask them to sign a note or letter that says they’ve received it.

You can find your landlord's address on your written statement - and they should have given you their address on an official RHW form too. Ask your landlord for their details if you can’t find them - they have to give you the information.

If you rent from a letting agent, ask them to give you your landlord details if you can't find them.

Talk to an adviser if you can't get your landlord's address details. 

What to write when you give notice

Make sure your letter clearly states the date you'll be moving out. 

Keep a copy of your letter and get a proof of posting certificate from the post office, in case you need to prove when you posted it.

You can send your letter by email if your written statement says you can. Keep the sent email in case you need it later.

You should say something like:

“I am giving 4 weeks’ notice to end my contract, as required by my written statement. I will be leaving the property on [date].

I would like you to be at the property on the day I move out to check the premises and for me to return the keys.

I also need you to return my contract deposit of [amount].”

If you can’t give notice - getting your landlord's agreement to leave

You can try to reach an agreement with your landlord to end your contract, for example if:

• you want to leave during your fixed term

• you have a periodic contract and you can’t give the right amount of notice to end your contract  

Explain why you want to end your contract early - for example, your work location might have changed or you might need to move to look after a relative.

Your landlord doesn't have to agree to end your contract early. If they don't agree you’ll have to pay rent until your contract ends - even if you leave the property. You might also have to pay other bills - for example, council tax.

Your contract usually ends on the last day of your fixed term or at the end of your notice period when you’ve given the correct notice. You’ll also need to have left the property and given the keys back to the landlord by the end of your fixed term or notice period.

Talk to an adviser if you’re worried about speaking to your landlord.

If you have a fixed term contract

You can try to reach an agreement with your landlord to end your contract if:

• you have a break clause but want to leave before it says you can or you’ve missed the deadline to use the break clause

• you don’t have a break clause and you want to leave before the end of your fixed term

You could ask your landlord if you can get someone else to move in - for example, a friend. This would mean your landlord wouldn't be losing any rent.

If your landlord agrees to someone else moving in, it’s best for you to end your contract. Your landlord can give whoever’s moving in a new contract. 

If your landlord won’t let you get a new contract holder you might still be able to end your contract early. You might be able to agree to pay part of the rent for what is left of your fixed term. For example if you have 3 months left on your fixed term agreement, your landlord might agree to let you pay just 2 months' rent instead.

If you have a joint contract, you might be able to add a new contract holder to your contract - then you can give your landlord a withdrawal notice. Check your contract to see if you can do this - you might need your landlord’s permission.

Make sure you get what you agree in writing - in case you need evidence later.

If you have a periodic contract

Your landlord might agree to let you give just part of your notice. For example if you have to give at least 4 weeks’ notice, they might agree to let you just give 2 weeks’ notice instead.

If you reach an agreement to leave your contract early

Don’t just leave the property or put the keys through your landlord’s letterbox after reaching an agreement.

Get what you agree in writing - you might need to refer back to what was said if there are problems.

If you need to leave before the end of your contract, your landlord or agent can still make you pay the rent you owe up to the end of your contract. For example, if you have a 6 month contract and you leave after 3 months, you might have to pay the remaining 3 months’ rent.

They can’t charge you for any other costs, for example, to advertise the property and find a new contract holder.

Leaving without giving notice

It's best not to leave your home without giving notice or getting your landlord’s agreement to leave. Your contract won't have ended and you'll still have to pay your rent until you end your contract in the right way. You might also have to pay other bills - for example, council tax.

Your landlord can get a court order to make you pay the rent you owe. You’ll usually have to pay the court costs as well as the rent you owe.

Leaving without giving the correct notice could also make it harder for you to find a new home because:

• you may not be able to get a reference from your landlord

• you won’t usually get your rent deposit back

• you could build up rent arrears if your landlord continues to charge you rent

You should make sure you’ve found a new place to live before you leave your home. You might not be able to get any help from your local council if you leave a home you could have stayed in.

Talk to an adviser before deciding to leave your contract early. They can talk you through your options for giving notice in the right way so you can avoid facing problems when you’re looking for a new home.

Leaving when your fixed term contract ends

You don’t need to give notice to say you’II be leaving on the last day of your fixed term.

Make sure you arrange to move out and return the keys by the last day of your fixed term. If you don’t do this:

• your contract will automatically become a periodic contract

• you'll need to give 4 weeks' notice before you can move out

Moving out of the property

You should make sure you clean the property and leave it in the same condition as when you moved in, apart from fair wear and tear. You need to do this so you get your deposit back at the end of your contract. Find out more about getting your deposit back.

It’s also worth taking photos of the condition of the property when you leave.

Pay your bills

Make sure you pay all your household bills before moving out  - for example gas, electricity, broadband and your council tax.

It’s also worth taking photos of your electric and gas meters so you have a record in case there are problems later.

Contact all the companies you pay before you move out and tell them the date you’II be leaving. It’s important to do this so you’re not charged for services after you’ve left.

Read more about dealing with your energy bills when you move home.

Redirect your post sent to your new address

Make sure your post goes to your new address by using Royal Mail's postal redirection service.

You can apply for the service by filling in an online form or visiting your local post office. You'll need to pay a fee.

If you can't pay for your post to be redirected you might want to think about giving your new address to your landlord or neighbours, so they can forward any post to you.