Breaking tenancies
Leaving early
Most students in London will now sign a periodic (month by month) tenancy agreement.
Before 1st May 2026, many students had fixed term tenancy agreements, often between 12-24 months.
On 1st May 2026, the Renters Rights Act became law. Tenants renting flats and houses can normally give two months notice to leave at any time during their agreement, even if they previously had signed a fixed term that was due to last beyond 1st May 2026.
This won't be the case if you are renting a room in a private hall, a university hall, or share accommodation with your landlord.
Giving notice to leave
If you rent a flat or a house
Before 1st May 2026, to give notice to end a tenancy, you will need a break clause. A break clause in a contract allows either the tenants or the landlord to end the tenancy early by giving notice. There are usually limits on when and how notice can be given.
After 1st May 2026, tenants in flats or houses do not need a break clause to give notice. After this date, you will be able to end a tenancy with 2 months notice at any time - even if you've just moved in.
If you have a joint tenancy, then all tenants must give notice in order to bring the tenancy to an end. It is not possible for just one joint tenant to give notice and move out whilst the others remain. If just one of you wants to leave, you will need to assign your tenancy.
Private halls and live-in landlords
If you're in private halls or living with a landlord, you will need a 'break clause' to end your tenancy early, even after 1st May 2026. Not all contracts have break clauses. You usually need to ask for one when you're negotiating the terms of the tenancy, before you sign anything. There is no requirement for a landlord to agree to include a break clause, and private halls do not routinely agree to them.
In order to end a tenancy early, you need to give valid notice. This usually needs to be at least two months, and must end on the same date as when your 'rental period' ends, usually the day you pay rent. If you aren't sure how to do this, you can contact us for advice.
Alternative options
Assignment
- You can move out early if you find someone who can take over your tenancy – this is known as ‘assignment’
- This is the most viable option if you want to leave but your housemates don't
- It is your responsibility to find a replacement tenant, and your landlord (and flatmates) need to agree in writing to an assignment. If a letting agent is involved, they might be willing to help to find new tenants
- Your landlord cannot ‘unreasonably’ refuse to consent to an assignment. A term in the contract that says assignment is not allowed may be unfair
- There can be a fee for assignment, but it shouldn’t be more than £50
- Assignment should be agreed in writing by ‘Deed’ (a legal agreement confirming the assignment)
Sub-letting
- This is where you find a new tenant for your room but you continue to pay rent to your landlord
- Sub-letting can be risky, as you take on the responsibilities of a landlord and remain liable to your landlord for any damage caused to the property by your sub-tenant
- It is important to get the consent of your landlord and your flatmates before sub-letting
Surrender
- This is the legal term for where a landlord and tenant mutually agree to bring the tenancy to an end
- Surrender must be agreed in writing by ‘Deed’
- You may have to pay the landlord or agent ‘reasonable costs’ for a surrender
- This will no longer be necessary for most renters after 1st May 2026, as most tenants will be able to give two months notice at any time. However, you will likely still need to agree a surrender if you are renting a private hall room or live with your landlord and wish to leave before the end of your fixed term.
Can I just move out?
- You should only move out if you have legally brought your tenancy to an end - either by giving valid notice to quit after 1st May 2026, using a break clause, assigning your tenancy or agreeing a mutual surrender.
- Moving out early without ending your tenancy is not generally recommended, as you will likely still be liable for the rent for the rest of the contract and may be taken to court if you don't pay it
- Seek advice from a Housing Advisor if you think that:
– The landlord or agent misled you or misrepresented the situation before you entered into your tenancy
– You relied on promises or assurances from the landlord or agent in entering into the tenancy, and the landlord or agent has not done as promised
– The property has become uninhabitable due to serious disrepair
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Deposits
It is common for landlords and tenants to disagree over what, if anything, should be deducted from the security deposit after the tenancy has ended.
Your tenancy agreement will probably give details about the condition that your flat or house should be left in and what deposit deductions may be allowed.
Deposit deductions
|
Allowed |
Not allowed |
|
|---|---|---|
|
Cleaning |
Fair wear and tear |
|
|
Damage |
Improving the property |
|
|
Unpaid rent and bills |
Damage that was there before you moved in |
|
You should seek advice if your landlord or agent is:
- Unjustifiably withholding all or part of the deposit
- Denying responsibility for refunding the deposit
- Not responding to contact from you regarding the deposit
How to avoid deposit disputes
- Read your contract
This will usually give details about the condition in which you should leave the property when you move out. - Do a thorough inventory
At both the start and end of the tenancy, with lots of photos. - Keep records of emails and photos during your tenancy as evidence
- Meet with the landlord
Before the tenancy ends you can discuss any issues and resolve them before you move out.
Remember
When it comes to deposit deductions, there is an allowance for ‘fair wear and tear’.
A ‘brand new’ piece of furniture won’t look brand new at the end of a 12 month tenancy. The landlord cannot charge you for a replacement if the only deterioration is due to normal everyday use.
Also, a landlord cannot automatically charge you the full cost of a brand new replacement item.
If you move into a property with a carpet that is five years old, but is subsequently damaged and requires replacement at the end of the tenancy, you would only be liable for a proportionate amount of the cost of a brand new replacement carpet. This factors in that a landlord cannot make deductions from a deposit in order to ‘improve’ the property.
Deposits
It is common for landlords and tenants to disagree over what, if anything, should be deducted from the security deposit after the tenancy has ended.
Your tenancy agreement will probably give details about the condition that your flat or house should be left in and what deposit deductions may be allowed.
Deposit deductions
|
Allowed |
Not allowed |
|
|---|---|---|
|
Cleaning |
Fair wear and tear |
|
|
Damage |
Improving the property |
|
|
Unpaid rent and bills |
Damage that was there before you moved in |
|
You should seek advice if your landlord or agent is:
- Unjustifiably withholding all or part of the deposit
- Denying responsibility for refunding the deposit
- Not responding to contact from you regarding the deposit
How to avoid deposit disputes
- Read your contract
This will usually give details about the condition in which you should leave the property when you move out. - Do a thorough inventory
At both the start and end of the tenancy, with lots of photos. - Keep records of emails and photos during your tenancy as evidence
- Meet with the landlord
Before the tenancy ends you can discuss any issues and resolve them before you move out.
Remember
When it comes to deposit deductions, there is an allowance for ‘fair wear and tear’.
A ‘brand new’ piece of furniture won’t look brand new at the end of a 12 month tenancy. The landlord cannot charge you for a replacement if the only deterioration is due to normal everyday use.
Also, a landlord cannot automatically charge you the full cost of a brand new replacement item.
If you move into a property with a carpet that is five years old, but is subsequently damaged and requires replacement at the end of the tenancy, you would only be liable for a proportionate amount of the cost of a brand new replacement carpet. This factors in that a landlord cannot make deductions from a deposit in order to ‘improve’ the property.
Getting your deposit back
Step 1: My landlord has not refunded my deposit
Write to your landlord, asking for:
• The deposit to be returned, and
• An explanation for why it has not been returned
Keep copies of any emails, messages or documents received from the landlord.
Step 2: My landlord has not responded or I am not happy with the response
Seek advice as to how to proceed. The options available to you may include:
Negotiating
– You may be able to negotiate the return of the deposit by raising other issues where you have a claim against the landlord.
– Based on the advice you receive, you might feel that meeting the landlord halfway and agreeing to some deductions is a reasonable compromise and allows you to resolve the matter quickly.
Alternative Dispute Resolution (‘ADR’)
– If your deposit was protected you can use the deposit protection scheme’s free ADR service. You have three months after moving out of the property to make use of ADR. You can raise a dispute online via the scheme’s website.
– ADR only covers the deposit and deductions from it – it does not take account of other claims you might have against the landlord, such as disrepair or other breaches of contract.
Step 3: Taking court action
- If you cannot reach a compromise through negotiations and ADR is not available, then you might consider taking court action to get your deposit back
- The court system can be complex, expensive and slow. There is no guarantee that your claim will be successful
- Always seek advice before submitting a court claim
Small claims in the county court
A claim for the return of a deposit is likely to be for less than £10,000 and therefore a ‘small claim’.
- You need to pay a fee in order to submit your claim
- A further fee is payable if the matter progresses to a hearing
- Be prepared to commit a certain amount of time in preparing and pursuing your claim
Claiming for a deposit penalty
If your landlord did not follow the deposit protection rules fully then you may have a claim against the landlord for a penalty payment of between one and three times the value of the deposit.
- A special court procedure applies
- The fees are higher than for a ‘small claim’
- Seek advice on how to proceed
Housing Advisors at the University of London Housing Services can advise and assist tenants in negotiating the return of deposits and, where negotiations fail, taking court action. Other useful resources on this topic can be found at: England Shelter, Justice, Make Money Claim Online and Money Claim.
Where can I get advice?
University of London Housing Services
The University of London Housing Services (ULHS) provides advice and assistance on all aspects of renting accommodation in the private sector. The service is free to use and available to students at our subscribing Colleges and Universities, as well as staff employed by the University of London.
If you are looking for, or living in private rented accommodation and need advice, you can get in touch with us:
Web: housing.london.ac.uk
Email: housing@london.ac.uk
Phone: +44(0) 20 7862 8880
Facebook: @UoLHousingServices
Instagram: @uolhousing
TikTok: @uolhousing
Twitter: @ULHS
Alternative sources of advice and information
Shelter
Shelter is a housing and homelessness charity. Their website is full of useful information and advice, including:
• An online tool to check where your deposit is protected
• Template letters on disrepair and deposit issues for tenants to send to landlords and agents
• A comprehensive guide to your rights on all aspects of rented housing
england.shelter.org.uk | 0808 800 4444
Citizens Advice
They have a great website filled with useful information. You can also visit your local Citizens Advice bureau for face-to-face or telephone advice.
citizensadvice.org.uk
Your college or student’s union
Many Colleges, Universities and Students’ Unions offer advice on housing, debt, immigration and other topics.
Looking for someone to take official action?
Your local Council is likely to have many departments that can assist on housing issues, including:
- Environmental Health
Investigating standards in private rented housing and taking enforcement action against landlords and agents who do not comply with the law. - Trading Standards
Deal with complaints about unfair trading practices, such as hidden letting agency fees. London Trading Standards is working in partnership with the Mayor of London to coordinate referrals to individual London Local Authorities either via Reporting a rogue landlord or agent | London City Hall or via their website Report consumer crime - London Trading Standards
- Tenancy Relations
Assistance for tenants in cases of harassment or illegal eviction.
You may need to report the matter through your local Citizens Advice Bureau in order to report matters to the Council.
Find your local council here.
Looking for a housing solicitor?
If you would like to seek advice directly from a housing solicitor, you may be able to find a suitable solicitor through The Law Society.
Taking advice
There are many sources of advice available and each advisor might take a slightly different approach to any given situation. Acting upon potentially conflicting advice from multiple sources might be disadvantageous to you. Therefore, we recommend sticking with one advisor or source of advice on any given issue.
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