When your tenancy agreement comes to an end you do not usually have to give notice to your landlord if you wish to move out. However, it is always a good idea to keep your landlord informed of your intentions.
Unless it specifically states so in your tenancy agreement, most private tenants do not have to serve their landlord with a notice to quit when the tenancy period expires. Any term which requires you to give notice could be unfair, according to the Office of Fair Trading's guidance on unfair terms in tenancy agreements.
Try to let your landlord know before the end of your fixed period tenancy you should let your landlord know whether you intend to stay on in the tenancy or leave at the end of the term. If you stay in the property after the date on which the tenancy expires, you will have to give your landlord written notice when you wish to leave.
Staying on in the property
If you want to stay on in the property once your fixed term tenancy has expired you should ask your landlord for a new tenancy agreement. The tenancy agreement should be for a fixed period of time, either 6 months or a year. Without a new agreement you will become a periodic tenant and have fewer rights.
If your tenancy is a joint tenancy it may be more difficult to stay in the property if the other tenants wish to move. Your landlord may be happy for you to stay if you can find other tenants to take over the rest of the property.
You have no legal right to stay in a property after the tenancy period has expired. However, your landlord cannot evict you without following due process.
The dangers of periodic tenancies
If you are a periodic tenant, your landlord can ask you to leave the property at any point by giving you Notice to Quit in writing.
Unless you've lived in the property for 5 years or longer, your landlord only needs to give you 28 days' Notice to Quit. If you've lived in the property for between 5 and 10 years, you will be entitled to 8 weeks' notice. This increases to 12 weeks' notice if you've been in the property for 10 years or more.
Periodic tenants also have fewer rights if the property in which they are living in is repossessed. If your landlord hasn't been paying the mortgage, the bank may repossess the property. Without a fixed term tenancy agreement, the bank may not allow you to continue living in the property and can begin eviction procedures by serving the correct notice to quit.
Letting viewers into the property
If you've decided to move out, your landlord will probably want to put the property back on the market pretty quickly. Many tenancy agreements include a clause that allows the landlord or an agent to show potential renters around the property once it is on the market.
Check your tenancy agreement to see what it says about property viewings. It should state that the landlord or agent must give notice before entering the property for the purposes of a viewing. If the agreement states that the landlord or agent can enter without giving notice this could be an unfair term. You should contact Trading Standards for more information about unfair terms in contracts.
If your tenancy agreement does not refer to viewings, you do not have to allow your landlord or an agent access to the property. However, it would be reasonable to allow viewings at agreed times as long as 24 hours notice is provided.
If your landlord or an agent operating on the landlord's behalf is entering the property without your permission, he or she could be guilty of harassment. Contact your local Environmental Health Department if you are worried about landlord harassment.