If you want to leave
Remember: Check you tenancy agreement
Hand in your notice
Let people know
When can you leave?
To make sure you are not bound to continue paying rent to your landlord for a period after you have left, you need to check your Tenancy Agreement. This should tell you what sort of tenancy you have so you can then find out your rights. This can be quite complicated and you may need to get advice from a Housing Adviser.
If you have an assured shorthold tenancy that lasts for a fixed period
This means you have signed an agreement to stay in the property for a particular period - usually for six or twelve months. If this period has not ended, you will not have the right to leave unless your tenancy agreement says you have the right to leave early. The law says that you have to pay the rent for the whole period for which you agreed to stay in the property. For example, if you signed a tenancy for six months, and after two months you leave, you may owe rent for the remaining four months.
If you have an Assured Shorthold Tenancy, your landlord will always have to give you at least two months written notice to leave. Be aware - some landlords issue written notice at the start of the tenancy to expire once the term in the written tenancy agreement ends - make sure you check all your paperwork.
Your landlord may be willing to let you leave early. Discuss the matter with him / her. If the landlord agrees to your leaving early (get this in writing), you would not owe any rent.
Other tenancies
Most other tenancies, such as a secure tenancy, an assured tenancy, or an assured shorthold tenancy that does not last for a fixed period, will allow you to leave without any problems. You must, however, remember to tell your landlord by handing in your notice.
Handing in your notice
You should tell your landlord that you want to leave four weeks before you move out. Put it in writing and keep a photocopy yourself in case any problems arise later.
Let official bodies know you are moving
If you are getting benefits you should let Jobcentre Plus / Pension Service / Social Security etc know your new address.
If you live in Manchester and are getting Housing Benefit, you should tell Manchester Benefits Unit that you are moving. You can download a form to report a change of circumstances from Manchester City Council's website.
If your name is on any bills, for example, gas, electricity, water, telephone etc, let the company know you are moving and give them your new address. Usually you can do this by telephone. Sometimes people are tempted to just leave these bills behind, particularly if they are short of money. However, you will almost certainly have to sign up for these bills again at some point in the future. The companies will have kept your name on file and will send you a bill fro money you owe from your previous address. So, if you are having trouble paying these bills, get advice.
If your landlord wants you to leave
Do you have the right to stay in your home?
Your right to stay in your home depends on the kind of tenancy you have. This should be stated in your Tenancy Agreement. If you are not sure, get advice. Below is a summary of the rights of tenants with the most common types of tenancies:
Remember: If your landlord wants you to leave the accommodation, he /she must give you the correct notice to leave (external website).
If you share accommodation with your landlord
You do not have the right to stay in the property if the landlord wants you to leave. They cannot make you go at once - they must give you a reasonable period of time to leave. What is reasonable will depend on how often you pay the rent, how long you have lived there, and why the landlord wants you to go.
If you have a licence
If your landlord wants you to leave, he /she must give you a formal notice called a Notice to Quit, saying that you should go at the end of four weeks. If you have not left by then, your landlord can go to court to get you to leave. They cannot just throw you out.
If you have a protected tenancy
If your landlord wants you to leave, they must give you a formal document called a Notice to Quit. The Notice to Quit will include the date by which the landlord wants you to leave. If you have not left by this date, the landlord will have to go to court to get you to leave. They cannot just throw you out. The court will only make you leave in certain circumstances. If you are in this situation, get advice.
If you have an assured tenancy
Your landlord must give you a formal document called a Notice Seeking Possession. The Notice will include a date by which the landlord wants you to leave. If you have not left by this date, the landlord will have to go to court to get you to leave. They cannot just throw you out. The court will only make you leave in certain circumstances. If you are in this situation, get advice.
If you have an assured shorthold tenancy
You have the right to stay in your home until the landlord goes to court and the court says you must leave. The first stage in the process is for the landlord to tell you in writing that they want you to leave.
When your tenancy started, it may have been for a specific period of time. If this period has now ended, the landlord has the right to have the property back and this is what the court will always decide.
If your tenancy was not for a fixed period of time, you have the right to stay in your home for six months. After this time, the landlord has a right to have the property back, and this is what the court will always decide.
If you have a secure tenancy
Your landlord must give you a formal document called a Notice of Seeking Possession. The Notice will have a time limit on it, usually 28 days, and after this date has passed, your landlord can take you to court and ask that you be evicted. If your landlord wants to take the matter to the court stage, it must do so within 12 months of the date on the Notice. It cannot take you to court or have you evicted without serving the Notice. The Notice also has to state the 'ground' or reason your landlord is using to try and repossess your home.
The court will only make you leave in certain circumstances. If you are in this situation, get advice.
Is the landlord harassing you?
Your landlord must follow particular procedures if he / she wants you to leave. If your landlord harasses you to make you leave, they may be committing a criminal offence. Harassment can include:
- Violence or threats of violence
- Calling round late at night
- Coming into where you live without having arranged to call round
- Cutting off the water, gas or electricity
Manchester City Council has a Tenancy Relations Service that operates for private tenants. This service can give you help and advice if you think your landlord is trying to evict you illegally. The Tenancy Relations Officers can be contacted on 234 4815 (Manchester tenants only).
Information on other websites
Shelter
This website has lots of useful information for tenants including eviction of private tenants, information about illegal eviction , information about notices from landlords , information about repossession
Adviceguide (Citizens Advice)
Information about common problems with tenancies , information about council and housing association tenancies
Need more help? Live in Manchester? Send us an email
Information Provider:
Manchester Advice
Date Reviewed:
28 October 2008
This information is for guidance only and is not an authoritative statement on the law. Please read our Terms and Conditions.
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