Ending a Common Law Tenancy Agreement

Ending a common law tenancy agreement

A common law tenancy agreement refers to a rental agreement between a landlord and a tenant that is not regulated by any statute or specific law. This type of tenancy is binding only by the terms agreed upon by the landlord and tenant, which can be verbal or written.

If you are a tenant who wishes to terminate your common law tenancy agreement, there are some important steps you should follow to ensure a smooth and legal process.

Give Notice

The first step in ending your common law tenancy agreement is to give notice to your landlord. Check your rental agreement to determine how much notice you are required to give. In most cases, tenants are required to give one month’s notice, but this may vary depending on the terms of your agreement.

Your notice should be in writing and should state the date on which you plan to move out. Make sure to keep a copy of the notice for your records.

Vacate the Property

Once you have given notice, it is important to vacate the property on the agreed-upon date. Make sure to leave the property in the same condition as when you moved in, minus reasonable wear and tear. If there are any damages that are your responsibility, make sure to repair them before you leave.

If you do not vacate the property on the agreed-upon date, your landlord may be able to take legal action against you. Additionally, you may be responsible for paying rent for any days beyond the agreed-upon date that you stay in the property.

Dispute Resolution

If there is a dispute between you and your landlord regarding the termination of your common law tenancy agreement, you may need to seek legal advice. This can help ensure that your rights are protected and that the dispute is resolved in a fair and legal manner.

In some cases, it may be possible to resolve the dispute through mediation or arbitration. These alternative dispute resolution methods can help you reach a mutually agreeable solution without the need for court proceedings.


Ending a common law tenancy agreement requires careful planning and attention to detail. By following these steps, you can ensure that your termination is legal and that your rights as a tenant are protected. If you are unsure about any aspect of the termination process, seek legal advice to help ensure a smooth transition.