Written by Daniel Andrews, Partner & Solicitor, Cramp & Mullaney LLP
Last reviewed: April 2026
One of the less-discussed but genuinely useful aspects of the Renters’ Rights Act 2025 is that it also improves the position of tenants who want to leave their home. Under the old system of fixed-term Assured Shorthold Tenancies, leaving before the end of the fixed term could be complicated and sometimes expensive. Under the new periodic tenancy regime, the process is more straightforward. This article explains how to end your tenancy correctly under the new rules.
How Much Notice Do You Need to Give?
As a tenant in an Assured Periodic Tenancy, you can end your tenancy by giving two months’ written notice. This is the statutory minimum, and it can be given at any point during the tenancy, including from the very first day. There is no minimum period of occupation before you are entitled to give notice.
One technical point worth being aware of: the notice period must be timed so that it expires on a rent payment date or the day before. If you pay rent monthly on the first of each month, your two months’ notice must expire on the last day of a month, or the first day of the following month. If you are unsure about the timing, it is better to give a little more than two months’ notice to be certain the notice period is correct.
A tenancy agreement can specify a shorter notice period for the tenant, in which case the shorter period applies. However, a tenancy agreement cannot impose a notice period of more than two months on a tenant. Any clause purporting to require more than two months’ notice from a tenant would be unenforceable.
How to Serve Notice Correctly
Your notice must be in writing. It should state clearly that you are giving notice to end the tenancy, include the address of the property and your name, state the date you are serving the notice, and state the date on which the tenancy will end. Sign and date the notice. Serve it in a way that creates a record: by recorded delivery post, by hand with a witness, or by email with a read receipt if your tenancy agreement permits electronic communication. Keep a copy of the notice and any evidence of delivery.
Protecting Your Deposit
When you leave the property having given correct notice and left it in good condition, your landlord must return your deposit or the agreed portion of it within ten days of the end of the tenancy where both parties agree on the amount. If there is a dispute about deductions, it goes to the free dispute resolution service operated by whichever of the three government-authorised tenancy deposit schemes holds your deposit. Before you leave, photograph every room thoroughly as a record of condition on your last day.
What If the Landlord Is in Breach?
In serious cases where the landlord has committed a fundamental breach of their obligations, such as a persistent failure to carry out essential repairs that has rendered the property unsafe or uninhabitable, there may be legal grounds to end the tenancy with shorter notice or to treat the tenancy as having been repudiated by the landlord’s conduct. This area of law is complex and the practical consequences of getting it wrong can be significant. If you are in this situation, please take legal advice before you do anything.
If you have a question about ending your tenancy or a dispute with your landlord about a deposit, our housing team can advise you. We act for tenants across Kent and the South East in housing disputes of all kinds.
If you are a landlord or tenant in Kent and need advice on the Renters' Rights Act 2025 or any landlord and tenant matter, Cramp & Mullaney LLP can help. We advise clients across Kent and the South East from our offices in Eastbourne (01323 720581) and Battle (01424 533222), East Sussex. We offer a fixed fee 30-minute initial consultation.
This article is for general information only and does not constitute legal advice. If you need advice about your specific situation, please contact Cramp & Mullaney LLP on 01323 720581 (Eastbourne) or 01424 533222 (Battle), or email us at info@cmlaw.co.uk. We are authorised and regulated by the Solicitors Regulation Authority (SRA No. 598851).
