Moving Out When Your Roommates Stay: England Renters’ Guide

Living in a shared rental home can be rewarding, but when one tenant wants to move out while the others remain, it raises important legal and practical questions. In England, your rights and obligations depend on your type of tenancy agreement and following the right procedures makes a big difference. This guide explains, in plain English, how to move out while your roommates stay, which forms to use, and what steps ensure you leave with confidence and protect your rights.

Understanding Your Tenancy Type

First, identify whether you have a joint tenancy or individual tenancy:

• Joint Tenancy: All tenants sign one contract and are all responsible for the rent and property conditions. Most shared houses (HMOs) use joint tenancies.
• Individual Tenancy: Each tenant has their own agreement – common in some student accommodation or houses split into bedsits.

Most shared houses in England use joint tenancies. If you’re unsure, check your tenancy agreement or ask your landlord or letting agent.

Can You Move Out When Roommates Stay?

Your ability to leave depends on your agreement:

• Joint Tenancy: You usually need agreement from the landlord and remaining tenants. If you leave without ending the tenancy for everyone, you could still be legally responsible for rent or damage until the tenancy officially ends or a replacement tenant is found.
• Individual Tenancy: You can normally give notice and move out on your own, per your agreement’s terms.

Giving Notice to Leave

Most Assured Shorthold Tenancies require you to give written notice before moving out.¹ The notice period is usually one month, but check your contract.

• For joint tenancies, if you give notice, you’re usually ending the tenancy for everyone. Always discuss plans with your roommates first.
• If your landlord agrees, they may allow a replacement tenant (also called ‘assignment’) or permit you to move out if the others want to stay.

Assigning Your Place to a New Tenant

With joint tenancies, some landlords allow you to ‘assign’ your place to a new tenant. This means someone else takes your spot, and your legal responsibilities end.

• Check your contract: it may say landlord consent is needed.
• The landlord may require the incoming tenant to pass referencing or credit checks.

If the landlord consents, all tenants (and the landlord) must sign a new agreement or a Deed of Assignment. While there’s no set official government form for assignment, ensure all parties sign and keep copies.

What Happens If You Just Leave?

If you move out without following the correct procedure (especially in a joint tenancy), you may still be liable for:

• Paying rent until the agreement ends, or a new tenant moves in
• Damages and other joint obligations

The landlord can pursue you and your remaining housemates (‘joint and several liability’).

Important Official Forms and Where to Find Them

• Notice to Quit (NTQ): If you want to formally end a periodic (rolling) tenancy, you should provide a written NTQ. There’s no set government template, but official template notices are available from Shelter. Use this to provide your required notice in accordance with your tenancy agreement.
• Deed of Assignment: Not an official government form, but you can use a plain written agreement if the landlord accepts a replacement tenant. All parties must sign.

If there is a disagreement with the landlord (such as refusal to assign your lease), or if you face unfair charges upon leaving, you may apply to the First-tier Tribunal (Property Chamber) for England. The tribunal handles certain disputes relating to residential tenancies.²

Your Rights Around Deposits and Inventories

For shared tenancies, deposits must be protected in an approved scheme (Tenancy Deposit Protection). When you leave:

• If your departure ends the tenancy, you can claim your portion of the deposit after the final inspection.
• If the tenancy continues, you must agree with remaining housemates and landlord on how your share is returned or transferred.

What If the Landlord or Other Tenants Won’t Cooperate?

If you cannot reach agreement, here’s what you can do:

• Contact the landlord in writing explaining your situation.
• If no compromise is found, your legal duties may persist to the end of the tenancy unless you are replaced by a new named tenant.
• Seek free advice from Citizens Advice or contact your local council’s housing advice service.

Action Steps: Moving Out While Housemates Stay

• Check your tenancy type and agreement.
• Discuss your plans early with all involved.
• Give proper notice to the landlord in writing (preferably by email or signed letter).
• If needed, arrange for assignment or a replacement tenant—secure landlord and other tenants’ agreement in writing.
• Take photos and request a check-out inventory.
• Confirm what happens with your portion of the deposit.

Following these steps helps ensure a smooth exit and avoids legal or financial surprises down the line.

Frequently Asked Questions

1. Can I move out of a joint tenancy early if my housemates stay?
   You can leave, but unless the landlord agrees to formally end or assign your tenancy, you may still be legally responsible for rent and damage. Always seek written landlord approval.
2. Do I lose my deposit if I move out but the tenancy continues?
   No, but getting your portion of the deposit back depends on landlord and housemate agreement. Arrange for your share to be returned or transferred and keep clear records.
3. Is it my responsibility to find a replacement tenant?
   Often you must help find a replacement if allowed by the contract and landlord, but the landlord must also approve the new tenant.
4. Who do I contact if my landlord refuses to cooperate?
   Contact Citizens Advice or your local council housing service. For certain disputes you may apply to the First-tier Tribunal (Property Chamber).
5. What is the minimum notice period to move out?
   Typically, at least 1 month in writing if you have a rolling/periodic tenancy, but always check your agreement.

Summary: Key Takeaways

• Find out your tenancy type and check your agreement for rules on moving out.
• Always give proper notice in writing and discuss with your landlord and housemates.
• Get all agreements or assignment changes in writing and clarify deposit arrangements.

Leaving a shared home need not be stressful if you follow official steps and keep clear records.

Need Help? Resources for Renters

• Ending your tenancy – GOV.UK guide
• Tenancy Deposit Protection information – GOV.UK
• Citizens Advice housing help
• First-tier Tribunal (Property Chamber) – dispute resolution

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1. Housing Act 1988
2. First-tier Tribunal (Property Chamber)

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