An Early Termination of Tenancy Agreement is a formal written document that records the agreement between a landlord and tenant to bring a residential tenancy in England and Wales to an end before the scheduled expiry date of the fixed term. It is sometimes referred to as a 'surrender' of the tenancy, because the tenant surrenders their legal interest in the property back to the landlord before the tenancy would otherwise expire.

Under English property law, a fixed-term tenancy (such as an Assured Shorthold Tenancy granted for six or twelve months under the Housing Act 1988) cannot ordinarily be ended by either party before the fixed term expires, except in two circumstances: first, if the tenancy contains a break clause exercisable by one or both parties; and second, if both parties agree in writing to surrender the tenancy early. An early termination agreement documents this voluntary surrender and records the agreed termination date, the obligations of each party on vacating, and the arrangements for return of the tenancy deposit.

The Tenant Fees Act 2019 is directly relevant to the cost of early termination. Under that Act, a landlord may only recover their 'reasonable costs' incurred as a result of the tenant's early departure — for example, the cost of re-advertising the property and referencing a new tenant. A landlord may not charge a penalty, an early termination fee calculated as a multiple of the rent, or any other prohibited payment. The tenant may also remain liable for rent until a replacement tenant is found, up to the end of the fixed term, but again only for the landlord's actual loss and not as a penalty.

Where a tenancy contains a break clause, the break clause typically specifies the earliest date on which it may be exercised and the written notice required (commonly two months for a landlord's break clause or one month for a tenant's break clause). An early termination agreement is useful alongside a break clause notice to confirm the agreed termination date and check-out obligations in one document.

For periodic tenancies (including statutory periodic tenancies arising after the expiry of a fixed term), either party may end the tenancy by giving the appropriate written notice: the landlord was historically required to give at least two months' written notice under section 21 of the Housing Act 1988, but section 21 notices will be abolished from 1 May 2026 under the Renters' Rights Act 2025, after which landlords must use section 8 grounds. A tenant wishing to end a periodic tenancy must give at least one rental period's written notice.

An Early Termination of Tenancy Agreement is needed in England and Wales in the following circumstances.

First, where a landlord and tenant have agreed by mutual consent to end a fixed-term tenancy before its scheduled expiry date. This is known as a surrender of the tenancy and is governed by section 5 of the Law of Property Act 1925. Without a written agreement, there may be uncertainty about the agreed termination date, the condition in which the property must be returned, and the basis on which the deposit will be returned. A written early termination agreement removes this uncertainty.

Second, where a tenant wishes to end a fixed-term tenancy early because of a change in personal circumstances — such as a need to relocate for work, a relationship breakdown, or financial difficulty — and the landlord is willing to agree. In this case the agreement should clearly set out the basis of the early exit, any reasonable costs the tenant has agreed to pay, and a release of further claims once the agreed obligations have been met.

Third, where a break clause in the tenancy is being exercised. A formal agreement recording the exercise of the break clause, the termination date, and the mutual obligations on vacating provides a clear record for both parties and is useful evidence in the event of any later dispute.

Fourth, where the tenancy is being ended early because the landlord needs to sell the property or carry out significant works. In this case the landlord and tenant may negotiate an early exit and this agreement records their consensus.

Importantly, landlords and tenants should be aware of the Tenant Fees Act 2019 when negotiating the financial terms of an early termination. A landlord can only recover reasonable re-letting costs — not a penalty — from a tenant who leaves early. Any amount agreed must genuinely reflect the landlord's actual loss, and legal advice should be sought in complex cases.

A properly drafted Early Termination of Tenancy Agreement for England and Wales should contain the following key elements:

1. Parties: The full legal names and addresses of the landlord and all named tenants. All tenants named on the original tenancy agreement must sign the early termination agreement.

2. Property: The full address of the rental property.

3. Original tenancy details: The start date, scheduled end date, and monthly rent under the original tenancy agreement, to identify clearly which tenancy is being terminated.

4. Agreed termination date: The specific date on which the tenancy will end and the tenant will vacate the property.

5. Reason for early termination: Whether the termination is by mutual agreement (surrender), exercise of a break clause, or another agreed ground.

6. Check-out obligations: The date by which the tenant must remove all belongings and return all keys, and the condition in which the property must be returned (typically consistent with the inventory, fair wear and tear excepted).

7. Rent and outgoings to termination date: Confirmation that the tenant will pay all rent and utility bills up to the termination date, and that no further rent liability arises after that date.

8. Deposit: The amount of the deposit, the scheme in which it is protected, and the basis on which it will be returned (including any agreed or potential deductions). Under the Housing Act 2004, the deposit must remain protected until the dispute about it is resolved.

9. Reasonable re-letting costs (if applicable): Any sum agreed to be paid by the tenant to cover the landlord's reasonable costs of re-letting, clearly described as a reimbursement of actual costs rather than a penalty, in compliance with the Tenant Fees Act 2019.

10. Release of claims: A mutual release confirming that once the agreed obligations have been fulfilled, neither party will bring further claims against the other under the original tenancy.

11. Governing law: England and Wales.