Housing

This page gives some general information about your option as a landlord when a tenancy comes to an end.

What happens when a shorthold tenancy comes to the end of the fixed term?

When a shorthold tenancy comes to an end, any replacement tenancy you agree will automatically be on shorthold terms (unless you specifically choose to set up a replacement tenancy on an assured basis). If you do anything, the tenancy will automatically run on from one rent period to the next on the same terms as the preceding fixed term shorthold tenancy, this is called a statutory periodic tenancy. The tenancy will continue to run on this basis until you replace it or the tenant leaves.

You can:

1. agree a replacement fixed term shorthold tenancy
2. agree a replacement tenancy on a periodic basis – called a contractual periodic tenancy
3. agree a replacement assured tenancy provided you give written notice or state clearly in the tenancy agreement that the tenancy will not be a shorthold tenancy
4. do nothing and allow the tenancy to run on with the same rent and terms – called a statutory periodic tenancy
5. end the tenancy – but you must give 2 full months' notice that you require possession

Can the tenant leave during the during the tenancy?

If the tenant has a fixed term tenancy but want to move out before the end of the term, they can only do so if you agree or if this is allowed for by a “break clause” in the tenancy agreement and the tenant has followed any requirements for giving notice specified in the tenancy agreement. If the agreement does not allow the tenant to leave early and you do not agree that he or she can break the agreement, the tenant is contractually obliged to pay you the rent for the entire length of the fixed term.

If the tenancy has no fixed term, the tenant must give you notice in writing of his or her intention to leave. The tenant must give at least 4 weeks' notice where the rent is paid on a weekly basis and at least a month's notice where the rent is paid on a monthly basis.