Ending a tenancy early

You can end a Housing Executive or housing association tenancy at any time by giving 28 days' notice. It is more difficult to leave a private tenancy early. Your options depend on the type of tenancy you have.

If you walk away from a private tenancy you could still be liable for the rent until the end of the tenancy agreement. An adviser can examine your options and help you work out the best way to end your tenancy early.

Can I leave if my private tenancy landlord agrees to it?
Can I give the private tenancy landlord notice that I want to leave?
Can I get someone else to move in?
Can I just walk away?
What other options are there?
I have a Housing Executive or housing association tenancy

Can I leave if my private tenancy landlord agrees to it?

It is possible to get out of the agreement at any time if you can come to a mutual agreement with your landlord. Both sides must agree, and it's always best to put what's agreed in writing so everyone knows where they stand.

If you have a joint tenancy all the joint tenants and the landlord must agree to ending the tenancy. It's worth seeing if your landlord is willing to negotiate even if your tenancy agreement says you can't leave early. It may be more convenient for both of you to end the tenancy.

Can I give the private tenancy landlord notice that I want to leave?

The rules on giving notice normally depend on the duration of the tenancy as stated in your tenancy agreement. You should always check your agreement to make sure there are no extra rules. Get specialist advice if your agreement isn't clear about your rights.

Fixed term tenancies

Many tenancy agreements contain a break clause, which allows you to end the agreement before the fixed term runs out. Check your agreement to see if it includes a clause like this. If it doesn't then you cannot end the tenancy early without the landlord's agreement.

If you leave you can still be liable for the rent until the end of the tenancy agreement. If your landlord is holding you liable for the rent seek advice.

Periodic tenancies

If your agreement is periodic (rolling from week to week or month to month), you normally have to give at least 28 days' notice to end the tenancy. You may be able to leave earlier if your landlord agrees to accept a shorter notice period, or agrees that someone else can take your place. The length of notice that you are legally required to give depends on how long you've been living in the property. .

You may have to give more than 28 days' notice if you pay rent less often than monthly, your agreement says you have to give more than four weeks' notice or you've been living in the property for more than 5 years. Read more about Notice to Quit

Six months' tenancy

If your tenancy was granted after 1 April 2007 and is not fixed term, an automatic tenancy term of six months applies. This means that both you and the landlord will be tied to that tenancy for six months unless you both agree otherwise.

After the six month period, the tenancy shall be a month to month tenancy. You need to give 28 days' notice to leave a six month tenancy. This default tenancy term does not apply to protected tenancies.

Protected tenancies

Protected tenancies have more security of tenure than other types of tenancies in the private rented sector. Protected tenants can still be evicted by a court order if they breach certain terms of their tenancy. If you are a protected tenant, the length of notice you are required to give if you want to leave your tenancy depends on how long you've lived in the property. Find out more about notice to quit periods.

Can I get someone else to move in?

This may be possible if you have no choice but to leave early and want to avoid paying rent on more than one home. However, you have to get the landlord's agreement for the person you suggest to move into the property.

The landlord may want to take up references for a new tenant. The landlord should arrange a new tenancy agreement with the new tenant - otherwise, you will still be legally responsible for the tenancy and may have to pay rent if they leave.

Can I just walk away?

Walking away will not end your agreement. Your agreement with the landlord will continue if you leave. The landlord can continue to charge you rent, so you're likely to build up rent arrears:

if your agreement is fixed term, you can be charged rent until the term ends;
if your agreement is periodic, you can be held liable until the agreement would have ended;
if the default tenancy term applies, you can be held liable for the remainder of the six months if you leave early.

The landlord will have to go to court to make you pay what you owe. The court will decide whether you should have to pay your landlord the money or not. Seek advice if in this situation.

The landlord may have to show that s/he has tried to find another tenant for the property but hasn't been able to do so. If the landlord has managed to let out the property they can't claim rent from you after the new tenant moved in. If the landlord doesn't make any effort to let out the property, the court is likely to reduce the amount of money you will have to pay.

If you leave without any warning to the landlord, it may also make it harder for you to find a new home. Most private landlords ask new tenants for references from previous landlords and are not keen to rent to anyone who has abandoned a tenancy in the past, or has a history of rent arrears.

It is also important to make sure that you have somewhere to go when you leave. If you need to make a homelessness application in future, the Housing Executive may decide that you are intentionally homeless, because you left a home that you could have stayed in.

What other options are there?

If the landlord won't allow you to leave early and won't allow a new tenant suggested by you to move in, you may be able to negotiate to only pay part of the rent you owe. For example if there are four months left on a fixed term agreement, the landlord might agree to only two months' rent while they look for a new tenant.

Your landlord doesn't have to accept any proposals that you make.

I have a Housing Executive or housing association tenancy

You can end your Housing Executive or housing association at any time by giving 28' days notice. You will usually be responsible for your tenancy until the end of the 28 days. For example, you will have to pay rent until the end of the 28 days even if squatters move in after you leave.

You will be disqualified from applying for Housing Executive or housing association accommodation if you left a Housing Executive or housing association tenancy in the last two years without giving your landlord notice. This is known as abandonment.