End of tenancy

The end of a tenancy is the legal point at which a tenant's right to occupy a rental property under that tenancy comes to an end and the landlord's right to regain vacant possession, or grant a new tenancy, begins. Under the Renters' Rights Act 2025, which came into force on 1 May 2026, the landscape for ending private residential tenancies in England changed materially. Fixed-term assured shorthold tenancies are abolished; all new and converted tenancies are now assured periodic tenancies with no set end date. This means that "the end of tenancy" for most private lets in England now arises through one of three routes: a tenant giving notice, a mutual agreement between landlord and tenant, or a court order for possession following a valid Section 8 notice.

A tenancy is not legally ended until the tenant has vacated and the landlord has recovered vacant possession. A tenant who stops paying rent and stops communicating has not ended the tenancy in law, the tenancy continues, and any attempt by a landlord to re-enter without a court order constitutes unlawful eviction.

How a tenancy ends: the three routes

Tenant notice. Under the Renters' Rights Act, a tenant with an assured periodic tenancy can end it at any time by giving two months' written notice to the landlord. The notice should state the last day of the tenancy, which must fall on the last day of a rent period or the day before the next begins. Rent remains payable throughout the notice period. A landlord and tenant can agree a shorter notice period in writing if both parties wish. For a full explanation of notice period rules, including the two-month statutory minimum under the Renters' Rights Act, see the August definition of the notice period.

Mutual surrender. Both parties can agree in writing to end the tenancy at any date, on any terms they both accept. A mutual surrender discharges both parties from their obligations from the agreed end date. It should be recorded in a written surrender agreement signed by landlord and tenant. It is the simplest route when both parties are willing and is the most common outcome for early exits.

Court order for possession. Where a landlord needs the tenant to leave and the tenant will not go voluntarily, the landlord must serve a valid Section 8 notice citing one or more statutory grounds for possession and then apply to court for a possession order if the tenant remains after the notice period. Common grounds include the landlord intending to sell (Ground 1A, four months' notice), the landlord or a close family member intending to occupy (Ground 1, four months' notice), and serious rent arrears (Ground 8, two weeks' notice once the three-month threshold is reached). The court, if it grants possession, will set a date by which the tenant must leave. If they do not, the landlord must apply for a bailiff warrant. At no point can a landlord remove a tenant by force, change the locks, or cut off utilities without a court order.

The practical handover

From a landlord's perspective, managing the end of tenancy involves several concurrent tasks. The first is confirming the agreed end date in writing as soon as it is known, so both parties have clarity on the timeline. The second is arranging the check-out inspection and check-out report, ideally conducted with the tenant present, which compares the property's condition against the original check-in inventory and provides the evidential basis for any deposit deductions. Meter readings should be taken on the last day and submitted to utility providers. All keys, fobs, and access devices must be collected.

The check-out report is the primary evidence document for any deposit deduction, for a full explanation of what it should contain and how it relates to the check-in report, see the August definition of the check-out report.

August's document management feature stores check-out reports, surrender agreements, and deposit correspondence in one place across a landlord's entire portfolio, so nothing is lost between tenancy changes.

Deposit return

Following the tenant's departure, the landlord has ten days from the date the tenancy legally ends to return the deposit or notify the tenant of any proposed deductions through the relevant deposit protection scheme. Deductions can only be made for rent arrears, damage beyond fair wear and tear, cleaning where the property was not returned to the standard at which it was let (supported by evidence), and any other contractual obligations the tenant has not fulfilled. Landlords cannot deduct for fair wear and tear, the normal deterioration that occurs through reasonable use over the length of a tenancy.

Where deductions are disputed by the tenant, the deposit scheme adjudication process applies. The August guide to handling tenancy deposit disputes covers how that process works and what evidence is required.

For a step-by-step guide to running the check-out inspection, assessing cleaning and damage, and returning the deposit correctly, see the August guide to end-of-tenancy inventory checks and cleaning.

In our experience supporting landlords through the Renters' Rights Act transition, the most common difficulty at end of tenancy is not the notice process itself but the deposit, specifically, landlords who cannot support their deduction claims because check-in documentation was incomplete. A clear inventory and dated photographs at the start of every tenancy are the single most effective protection against deposit disputes at the end.

Frequently asked questions

How much notice does a tenant need to give to end a tenancy?

Under the Renters' Rights Act 2025, a tenant with an assured periodic tenancy must give two months' written notice. This applies from 1 May 2026 to all assured periodic tenancies in England. A landlord and tenant can agree a shorter period in writing if both wish to do so.

Can a landlord end a tenancy without a reason?

No. From 1 May 2026, Section 21 no-fault notices are abolished in England. A landlord can only end a tenancy by serving a valid Section 8 notice citing one or more statutory grounds for possession, and then applying to court if the tenant does not vacate after the notice period expires.

What can a landlord deduct from the deposit at the end of tenancy?

Deductions are permitted for rent arrears, damage beyond fair wear and tear, cleaning costs where the property is not returned to its original standard (supported by evidence from the check-in report), and other unmet contractual obligations. Deductions for general wear and tear are not permitted. The deposit scheme provides a free adjudication service where landlord and tenant cannot agree.

When is the tenancy legally ended?

A tenancy is legally ended when the agreed or court-ordered end date arrives and the tenant has vacated and returned the keys, giving the landlord vacant possession. A tenant who abandons the property without notice has not legally ended the tenancy, the tenancy continues in law and the landlord cannot re-let or re-enter without following the correct legal process.