The tenant wants to leave

However, if no agreement is possible, the tenant can only give up the tenancy by giving the landlord a notice that s/he will quit the contract when it expires. This must be in writing and is subject to the statutory absolute minimum duration of four weeks. [1] If the lease is for four months duration or more, the minimum period of notice is 40 days (unless the contract states otherwise-subject to the 28 day minimum notice period). [2] If a tenant leaves the tenancy prematurely, they are in breach of contract and may be liable to compensate the landlord for their financial losses. A landlord in this situation would have to raise a legal action to establish the breach of contract and the extent of their loss. English case law has held that the landlord does not have to show that they had attempted to mitigate their losses (for example, by re-advertising the property). [3] A tenant who wants to avoid their landlord raising an action to cover their financial losses could find someone else to occupy the property and come to an informal agreement with the landlord or formally assign the tenancy.

Even if the landlord and tenant agree to bring the tenancy contract to an end, or if the tenant serves a notice to quit on the landlord, this does not mean that the tenant is required to leave the accommodation. Should the tenant change their mind, they can continue to live in the accommodation as a statutory assured tenant. The landlord is still required to apply for and obtain an order for possession from the tribunal.

For example, one tenant may want to end the tenancy but the others do not. In this situation, if one tenant issues a valid notice to quit, there will be no tacit relocation and the contractual tenancy will come to an end. [4] See the section on tacit relocation for more details on the requirements. This means the tenant who is leaving can no longer be held liable for rent on the property. (this differs from the situation for private residential tenants)

It is important that the notice to quit is valid. Providing the notice is valid, the contractual joint assured tenancy is terminated and a statutory assured tenancy comes into operation in respect of the remaining joint tenants. Importantly the change in the type of tenancy does not necessarily mean that any remaining tenants will have to move out of the property. In essence, the change to a statutory assured tenancy means that any remaining joint tenants still have a legal right to occupy, along with any of the rights which they had under the contractual assured tenancy. The main difference is that the right to occupy comes from statute [5] rather than from a lease. See the page on statutory assured tenancies for more information.

As well as a statutory right to occupy, the existence of a statutory assured tenancy means that any remaining tenants are liable for the whole rent in respect of the tenancy. Whilst there is no legal obligation on the landlord to permit the introduction of another joint tenant, in practice, it may be possible for the remaining tenant to agree with the landlord either to:

• reach an informal agreement to find a new tenant who will help to pay the rent, or

• formally assign the tenancy.

it is important to be aware that, without the agreement of the landlord, the remaining tenants are not entitled to sublet or assign part or all of the tenancy and the landlord is under no legal obligation to give permission [6].

Where joint tenants are married, in a civil partnership or are cohabiting, they may be able to transfer the tenancy into a sole name. [7] See the section on Relationship breakdown for more details.