Can a Tenant Leave Before the End of the Contract in the UK?

When renting a property — whether in Scotland or elsewhere in the UK — life doesn’t always go according to plan. As a landlord, you can find yourself in a situation where a tenant wants to leave before the end of their tenancy agreement. This could happen for a variety of reasons, such as job changes, personal circumstances, or disputes. And when this happens, tenants often start to wonder, “Can the tenancy be ended before the contract ends?”

The good news is that the answer is yes, but it depends on whether your tenancy agreement includes a break clause or if the landlord has breached the terms of the agreement. In Scotland, especially, under the Private Residential Tenancy (PRT) system, there are clear regulations outlining the notice period required, the proper procedures for ending the tenancy, and the rights and responsibilities of both parties involved.

In this guide, we’ll walk you through exactly what happens when a tenant wants to leave before the end of a contract, focusing on Scotland’s unique laws, covering everything from the notice period and how to end the tenancy properly to handling rent arrears and situations involving joint tenancies.

Understanding Different Types of Tenancy & Agreements

Understanding the type of tenancy agreement your tenant holds is the first step in dealing with early termination requests.  A tenancy agreement is a contract between you and your tenant that outlines the rules and responsibilities of both parties. Make sure to review the details of the tenancy agreement to understand your rights and obligations fully. The terms of the contract can significantly affect how early termination is handled.

1. Private Residential Tenancy (PRT):
If your tenant moved in after 1 December 2017, they are most likely on a Private Residential Tenancy. PRTs have no fixed end date and continue until either the tenant or the landlord ends the agreement. This gives tenants the right to leave with at least 28 days’ written notice. However, you need to make sure tenants understand their responsibilities when it comes to giving notice.

2. Short Assured Tenancy(SAT):
If the tenant’s lease started before 1 December 2017, they may be on a Short Assured Tenancy. This type of agreement typically has a fixed term, such as six months or a year. The tenant cannot leave early without meeting specific conditions, such as the inclusion of a break clause or mutual agreement.

3. Fixed-Term Tenancy:
Speaking of fixed terms, sometimes tenancy agreements are set for a specific length of time, like six months or twelve months. If you have one of these, you’ve agreed to rent the property for the full term. If a tenant leaves early without a valid reason or your consent, you can hold them liable for the rent until the end of the term.

4. Periodic Tenancy:
A periodic tenancy continues on a weekly or monthly basis. Tenants can leave more easily, but they are still required to provide notice that matches their rental period (e.g., one month’s notice for a monthly tenancy).

5. Joint Tenancy:
In a joint tenancy, all tenants share responsibility for the rent and the lease terms. If one tenant wishes to leave early, the remaining tenants (or the landlord) must typically cover the rent. The tenant leaving may still be liable for rent until a replacement tenant is found.

Leaving a Tenancy Early: What Landlords Need to Know

If your tenant says they want to move out early, whether they’re on a fixed-term, periodic, or Private Residential Tenancy (PRT), it’s important to understand the process and legal implications for each type. Here’s what you need to know based on the kind of tenancy they have:

1. Leaving a Fixed-Term Tenancy Early (or SAT):

As a landlord, if your tenant is in a fixed-term tenancy (e.g., 6 or 12 months), they cannot simply leave before the end of the term without consequences. Here are the main options and your rights:

a. Break Clause
Check whether the tenancy agreement includes a break clause, which allows either party to end the tenancy early after a specific point (commonly after six months in a 12-month contract). The break clause must be explicitly stated in the tenancy agreement.

• Notice Requirements: Tenants usually need to give one or two months’ notice, as specified in the agreement.
• Failure to Follow Procedure: If the tenant fails to give appropriate notice, you may apply for a court order to recover any lost rent or enforce the tenancy agreement.

Example: If a tenant has a 12-month contract with a break clause allowing them to leave after six months, they could give notice at month four and vacate by the end of month six.

b. Mutual Agreement with the Landlord
If there is no break clause, tenants may ask if you’re willing to end the tenancy early by mutual agreement. This is known as “surrendering” the tenancy.

• Written Agreement:  If you agree, formalise the decision in writing to avoid disputes.
• Compensation: While you’re not legally required to agree to early termination, you can negotiate compensation or ask for rent payments until a replacement tenant is found.
• Re-letting: Consider whether a new tenant can be secured quickly to minimise void periods.

c. Assignment or Subletting
In some cases, tenants may ask to assign the tenancy to another person or sublet the property, while still being responsible for the tenancy. Tenants need your permission to assign or sublet the tenancy. Even if you allow subletting, the original tenant is still liable for the rent and any damages.

If none of the above options apply or are agreed upon, you can legally refuse the early exit and expect the tenant to pay rent for the remainder of the fixed term.

2. Leaving a Periodic Tenancy Early

If the tenants are on a periodic tenancy (weekly or monthly), they usually can easily  leave, but still need to follow the appropriate rules:

• For a weekly tenancy, they need to submit a notice period of at least four weeks before.
• For a monthly tenancy, the tenant must give one full rental period’s notice (usually one month).

Example: If a tenant pays rent monthly, they would likely need to give one month’s notice. Their move-out date would typically fall on the day before their rent is due. Ensure they provide the correct notice to avoid complications.

3. Leaving a Private Residential Tenancy (PRT) Early

If your tenant is on a Private Residential Tenancy (PRT)—which applies to most tenancies that started on or after 1 December 2017—they have the legal right to end the tenancy at any time, provided they give you at least 28 days’ written notice.

Key Points for Landlords:

• No Permission Needed: Tenants do not need your approval to end the tenancy—they only need to notify you properly.
• Notice Format: The notice can be sent by letter, email, or via an agreed online method (e.g., through your letting agency’s portal).
• Required Details: The tenant should clearly state their intention to end the tenancy in their notice. It must include the tenant’s name, the full property address, and the start date of the tenancy. Additionally, the notice should specify the final day the tenant intends to pay rent and vacate the property. To be valid, the tenant must sign and date the notice.
• Proof of Notice: Encourage tenants to keep proof of delivery (e.g., email confirmation, postal receipt), which can also benefit you in resolving disputes. Keeping clear written records can serve as evidence to support claims or agreements made with tenants.
• Rent Responsibility: If a tenant fails to pay rent during the notice period, you have the right to recover any unpaid rent through legal channels.

Example: If a tenant serves notice on 1st May, the tenancy would legally end on 29th May.

6 Steps to Follow for Ending a Tenancy Contract in Scotland

Now that you understand the types of tenancies and when leaving early might be possible, let’s break down the actionable steps you need to follow when a tenant wants to end tenancy early.

1. Start by checking the tenancy type:

 Identify the type of tenancy your tenant has. For a Private Residential Tenancy (PRT), tenants can leave with 28 days’ notice. For older tenancy types, review the agreement for clauses that may permit early termination. If no clause exists, you are not obligated to agree, but you can negotiate terms like compensation or rent payment until a new tenant is found.

2. Review the Tenancy Agreement:

When reviewing the tenancy agreement, look for any break clauses that may allow for early termination, the specific notice period requirements the tenant must follow, and any rules related to subletting or assigning the tenancy to someone else.

3. Request Written Notice:

Ensure the tenant provides a written notice that includes their full name, the property address, the start date of the tenancy, and the intended move-out date—this must be at least 28 days from the date of notice. If the notice is given by post, it should also be signed. Acceptable delivery methods include email (preferably with a read receipt), recorded postal delivery, or handing it over in person with confirmation of receipt.

4. Agree on Exit Terms (if no break clause applies):

When agreeing to an early termination, discuss the tenant’s rent obligations until a new tenant is found to cover the financial gap. You may also consider requesting compensation for the early exit, especially if it leads to unexpected costs or vacancy periods. Clearly outline expectations regarding the condition of the property, including thorough cleaning, addressing any damage, and ensuring all keys are returned by the agreed date to avoid disputes and delays in the transition process.

5. Prepare for Final Steps:

At the end of the tenancy, conduct a final inspection by comparing the current condition of the property with the original inventory to identify any damage or cleanliness issues early. Set a clear deadline for the key handover, and remember not to enter the property without giving appropriate notice if the tenant is still in residence. When returning the deposit, ensure it is processed through an approved Tenancy Deposit Scheme (TDS) and returned within the legal time frame. If deductions are being made for cleaning or repair costs, provide a detailed breakdown to maintain transparency and avoid disputes.

6. Encourage a Smooth Transition:

Staying professional and responsive when a tenant wishes to end their tenancy early can significantly reduce friction and potential conflicts. Demonstrating flexibility during exceptional personal circumstances, such as redundancy, illness, or a relationship breakdown, not only fosters goodwill but can also help maintain a positive landlord-tenant relationship and minimise the likelihood of future disputes.

By following these steps, you’ll ensure a smooth process when ending your tenancy early and avoid complications with your landlord.

Joint Tenancy: What If Only One Person Wants to Leave?

When only one tenant in a joint tenancy wishes to leave, it’s important to handle the situation thoughtfully and clearly as a landlord. In a joint tenancy, all tenants are equally responsible for the rent and the terms of the agreement, so one person cannot unilaterally end the tenancy. If a tenant approaches you wanting to move out while others wish to stay, you are not legally obliged to release them from the agreement, but offering a reasonable solution can help maintain good relations. Here is what you can do:

• Allow a tenant swap if needed: If one tenant wants to leave, let the group know they can look for a suitable replacement with the agreement of all remaining tenants.
• Request housemate approval first: Ask the tenant to speak with their housemates to ensure they’re comfortable with someone new joining the tenancy.
• Approve the new tenant: Once a replacement is suggested, carry out your usual referencing and checks to ensure they meet your standards.
• Update the agreement: If everyone agrees, either amend the current tenancy or create a new agreement reflecting the change — all parties should sign.
• Keep documentation clear: Confirm everything in writing, including the outgoing tenant’s release and the incoming tenant’s responsibilities.
• Support a smooth transition: Stay flexible and communicative — it helps maintain good relationships and keeps the tenancy running without disruption.

How Long Does Referencing Take for New Tenants?

Once your outgoing tenant has given notice, you can begin searching for a replacement tenant. Tenant referencing typically takes between 24 to 72 hours, depending on:

• Employer and previous landlord response times
• Credit checks
• Right to Rent verifications (in England only)

To minimise void periods, it’s wise to start marketing the property early, ideally as soon as you receive the formal notice. This proactive approach will help ensure you secure a new tenant quickly and reduce any potential gaps in rental income.

What Happens If the Tenant Leaves Without Notice?

In Scotland, not giving proper notice when ending a tenancy can lead to serious legal and financial consequences. Here’s a clear breakdown of what could happen if tenants don’t follow the correct notice process:

• Recover Rent Arrears: Charge rent for the notice period (typically 28 days for a Private Residential Tenancy).
• Deduct from Deposit: Use the tenant’s deposit to cover unpaid rent or damages.
• Avoid Re-letting or Entering the Property: Do not re-let or enter the property until the tenancy is legally terminated.
• Legal Action: If the tenant refuses to pay, you may need to take legal action to recover lost rent.
• Joint Tenancy: If in a joint tenancy, the remaining tenants may have to cover the missing tenant’s rent and could face difficulties removing their name from the agreement.
• Utility Bills & Council Tax: The tenant could still be liable for any outstanding bills or taxes.

Conclusion: 

When a tenant wants to leave early, there are clear procedures and rules in place that protect both the tenant and the landlord. As a landlord, it’s essential to know your rights and obligations and ensure that you handle early terminations with understanding, fairness, and in compliance with Scottish tenancy laws. By reviewing the tenancy agreement, ensuring proper notice is given, and considering your options for replacement tenants, you can navigate this process smoothly.

If you are unsure about the specifics of your situation, consider seeking legal advice to ensure you’re on the right side of the law and avoid potential disputes down the line.