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You need to end your tenancy if you want to leave. If you don't end your tenancy properly, you may still have to pay rent. Your landlord will only be able to get rent from you if another tenant for the property cannot be found.
When you can end the tenancy depends on the type of tenancy and what your tenancy agreement says.
Before you leave
Before you leave make sure that you have somewhere else to go. The Housing Executive may not help you when you apply as homeless if you give up your tenancy without good reason. This is because the Housing Executive might decide that you are intentionally homeless.
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Private tenants
When you can end your tenancy depends on what type of tenancy you have. Your tenancy will either be:
- a fixed term tenancy
- a periodic tenancy
- a 6 month tenancy
- a protected tenancy
A fixed term tenancy is for a set period such as six months or one year. A periodic tenancy is one that may relate to how you pay your rent (weekly, monthly). If your tenancy began before 1st April 2007 and is not a fixed term tenancy you will usually have a periodic tenancy. However, if your tenancy began after 1st April 2007and you've no tenancy agreement or your tenancy agreement is not clear on the term of the tenancy, a tenancy period of 6 months will apply.
Fixed term tenancy
You can leave on the last day of the fixed term without telling your landlord. However, it is best to tell your landlord, especially if you have paid a deposit. Check your tenancy agreement if you want to leave before the end of the fixed term. It may allow you to give notice and end the tenancy early. You won't have to pay the rent for the rest of the tenancy. This is known as a 'break clause'.
You can still leave early if your tenancy agreement doesn't have a ' break clause '. However you may have to pay rent even after you leave if you don't get your landlord's permission. Try to get your landlord's permission to leave in writing. If you want to leave after the end of the fixed term, the situation is the same as for periodic tenants.
Periodic tenancy
You can end your tenancy by giving four weeks' notice to your landlord. You can end the tenancy by giving less than four weeks' notice if the landlord agrees. Get this agreement in writing.
A 6 month tenancy
If your tenancy was granted after 1st April 2007 and is not fixed term in nature, a tenancy term of six months applies to it. This means that both you and the landlord may be tied to that tenancy for 6 months.
After the 6 month period, the tenancy shall be a periodic tenancy and in terms of notice to leave, the situation is the same as for periodic tenants. This does not apply to protected tenancies.
Protected tenancy
Protected tenants have greater security in their tenancies and give this up by leaving the property. Protected tenants may sometimes be able to pass on their tenancy after their death.
Joint tenants
Things can be more complicated for people who have joint tenancies.
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Leaving your tenancy early
You will continue to owe your landlord rent if you leave your tenancy early when you don't have the right to. Your landlord can take legal action to claim this rent money from you. S/he can do this up to the time when you would have been able to end the tenancy:
- until the end of the term for fixed term tenants
- usually four weeks for periodic tenants
- until the end of the 6 months for 6 months tenancy term tenants
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Housing Executive tenants
You can leave your Housing Executive tenancy at any time if you give 28 days notice. You must write to your local District Office stating the date that you plan to leave your accommodation. You will usually be responsible for your tenancy until the end of the 28 days.
The Housing Executive may allow you to give less than 28 days notice if:
- it is likely that squatters will move into the property once you leave
- it can allocate the property within 28 days
How do I give my notice to quit?
Write to your local District Office including:
- your full name
- your address
- the date your tenancy will end
- convenient times for the Housing Executive to inspect the property
You will have to pay for repairs if you have damaged the property. For example, broken internal doors. Get advice if you are being charged for damage that you didn't cause.
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 may not be allowed to apply for a Housing Executive tenancy for a further two years if squatters do move in.
What should I do with my keys?
You must return the keys of the property before your notice has expired. You should usually give the keys back to the Housing Executive before 12 noon on the final day of your notice.
If you don't return your keys you will still be responsible for your tenancy.
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Housing association tenants
Each housing association has a different procedure for tenants who want to end their tenancy. You can usually leave your housing association tenancy at any time if you give 28 days notice. You will usually be responsible for your tenancy until the end of the 28 days.
Your housing association may allow you to give less than 28 days notice if:
- it is likely that squatters will move into the property once you leave
- it can allocate the property within 28 days
How do I give my notice to quit?
Write to your housing association including:
- your full name
- your address
- the date your tenancy will end
- convenient times for the housing association to inspect the property
You will have to pay for repairs if you have damaged the property. For example, broken internal doors. Get advice if you are being charged for damage that you didn't cause.
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 may not be allowed to apply for a Housing Executive or housing association tenancy for a further two years if squatters do move in.
What should I do with my keys?
You must return the keys of the property before your notice has expired. You should usually give the keys back to the housing association before 12 noon on the final day of your notice.
If you don't return your keys you will still be responsible for your tenancy.
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