Before 1 May 2026 a tenant leaving early during a fixed-term AST was a legal problem: they usually stayed liable for rent until either the end of the term or a new tenant was found. Under the Renters’ Rights Act 2025, the rules are very different. All private-sector tenancies are now Assured Periodic Tenancies (APTs) and the tenant has a statutory right to give 2 months’ notice at any time. Fixed-term rent liability is largely gone.
This guide covers what "leaving early" now means in practice, when the tenant still owes rent, when deposit deductions can be made, and the specific situations where a landlord can recover from a departing tenant.
Not legal advice. For specific cases with unusual features (e.g. joint tenants where one leaves, guarantor issues, or fixed-term-in-name-only clauses), take advice.
The RRA position — 2 months’ notice any time
Under the Renters’ Rights Act 2025 (in force 1 May 2026), a tenant of an Assured Periodic Tenancy may end the tenancy by giving at least 2 months’ notice to the landlord in writing. The notice must:
The end date can be any date — not just the rent payment day. The RRA specifically abolished the old requirement that periodic-tenancy notice must expire on a rent payment day.
Once the notice period expires, the tenancy ends. The tenant vacates. The landlord takes the property back and starts the check-out and deposit-return process. Simple.
What happens if the tenant leaves without giving notice
Rent liability continues until the property is either handed back or a new tenant moves in.
If the tenant simply walks out without notice:
If the tenant leaves the keys behind and hands the property back without notice, that is generally treated as surrender by operation of law — the tenancy ends when the landlord accepts the surrender (by taking possession). The tenant is not liable for rent after that date; the landlord accepts the loss of the notice period.
The landlord accepts surrender by:
Once accepted, the tenant’s liability stops.
Joint tenancies — one tenant wants to leave
Under an APT with joint tenants, the rules are more complex. A single joint tenant serving notice ends the whole tenancy for everyone on the tenancy agreement.
This is the "Hammersmith v Monk" rule (a pre-RRA principle preserved under the new regime): notice by one joint tenant on a periodic tenancy ends the tenancy for all.
So if a couple are joint tenants and one wants to leave, they can serve a 2-month notice and the tenancy ends for both. The remaining tenant has to either:
Practical solution: the landlord issues a new APT to the remaining tenant (with fresh referencing) or a modified agreement adding a replacement co-tenant.
The RRA did not abolish this rule and the government said in consultation that reform of joint tenancy is a separate future project.
Deposit deductions on early leaving
If the tenant leaves properly (with 2 months’ notice), the standard deposit-return process applies:
If the tenant leaves early without proper notice:
No penalty for leaving early can be deducted — the Tenant Fees Act 2019 prohibits penalty clauses. "£500 for early termination" is not enforceable and cannot be deducted from the deposit.
Where the landlord can still recover — the exceptions
There are a few residual situations where a landlord has meaningful recovery against a tenant who leaves early:
1. Tenancy still in first 12 months + significant early departure. No specific statutory penalty, but the mitigation-duty analysis of the 2-month liability is more forgiving to the landlord if the tenancy is very early.
2. Damage or breach of tenancy separate from early leaving. These recoveries are unaffected by RRA — same rules as before.
3. Costs specifically incurred by the early departure. If the tenant took the whole break clause of your marketing budget and left the property in a state that required extensive works, those costs come out of the deposit.
4. Rent owed for the notice period (2 months minus mitigation). As above — realistic recovery depends on the tenant’s ability to pay.
5. Unpaid utility bills the tenant is contractually liable for (council tax, gas, electric, water, broadband). Deductible from deposit; enforceable through Small Claims if unpaid.
Not recoverable:
What landlords should update in their process
Sources
Frequently asked questions
Can a tenant leave before the end of the tenancy in 2026?
Yes. Under the Renters’ Rights Act 2025 (from 1 May 2026) all private-sector tenancies are Assured Periodic Tenancies and the tenant has a statutory right to give 2 months’ written notice to end the tenancy at any time. Fixed-term rent lock-in is largely gone.
What if the tenant walks out without notice?
Rent remains payable for up to 2 months (the notice period they should have given), reduced by any rent recovered from a new tenant. The landlord has a duty to mitigate — must actively market the property and re-let as soon as reasonably possible. Cannot simply keep the property empty and claim the full 2 months.
Can I charge an early termination fee?
No. The Tenant Fees Act 2019 prohibits penalty clauses. You can deduct actual costs (unpaid rent up to re-let, cleaning, damage) from the deposit, but no "early termination fee" beyond actual cost is enforceable.
What happens in a joint tenancy if one tenant wants to leave?
Under the Hammersmith v Monk rule (preserved under the RRA), notice by one joint tenant ends the whole tenancy for everyone. The remaining tenant either signs a new tenancy agreement with the landlord or leaves too. Practical solution: fresh referencing and a new APT for the remaining tenant.