If your health takes a sudden turn, the last thing you want to worry about is being locked into a rental agreement you can no longer manage. Under the new Renters’ Rights Act 2025, which takes effect in England from 1 May 2026, the old rules around fixed-term tenancies are being scrapped. That means the way you end a lease early due to health issues is about to change significantly.
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This article is general information only and does not constitute professional advice. For your specific situation, consult a qualified professional.
The shift from fixed-term assured shorthold tenancies to rolling periodic tenancies is the biggest change for anyone who needs to leave a rental property because of illness or injury. Under the old system, breaking a fixed-term lease early often meant paying rent until a new tenant was found or covering the full remaining term. The new law removes that fixed-term guarantee entirely for most tenancies. Here’s what you actually need to know.
One term you’ll hear a lot in this context is periodic tenancy.
What I tend to notice is that most tenants still think in terms of “breaking a lease” — a concept that barely applies after May 2026. The real question becomes: how much notice do you need to give, and what happens if your health means you can’t manage the full two months?
What the new law means for your rental costs and timeline
The headline change is that fixed-term tenancies are abolished for most private rented properties in England. That means if you signed a 12-month contract in 2024, it will automatically convert to a rolling periodic tenancy on 1 May 2026. You won’t need to wait until the end of the fixed term to leave.
But the cost picture isn’t just about the notice period. Under the new rules, landlords can still pursue possession through the courts using specific grounds. If you leave without proper notice, you could be liable for rent until the tenancy legally ends. The minimum notice you must give is two months, but that’s only if you’re in a periodic tenancy. If you’re still in a fixed term before May 2026, the old rules apply until conversion.
Here’s a breakdown of how the timeline and costs compare between the old system and the new one:
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| Factor | Old System (pre-May 2026) | New System (from May 2026) |
|---|---|---|
| Leaving a fixed term early | Pay rent until new tenant found or term ends | No fixed term — give 2 months’ notice |
| Minimum notice period | Varies by contract; often 1 month | 2 months for periodic tenancies |
| Landlord eviction method | Section 21 no-fault notice | Court possession via Section 8 grounds only |
| Rent increase frequency | No statutory limit | Once per year, not in first year |
| Advance rent payments | Commonly required | Restricted; must be repaid |
The practical takeaway: if your health forces you to move, the new system gives you a clearer exit but still requires planning. Two months’ notice means you need to time your move carefully. If you’re in a property with a high rent — over £100,000 per year — the Act doesn’t apply at all, so check your tenancy type.
Common mistakes tenants make when leaving due to health issues
Most people assume that a doctor’s note is enough to end a tenancy early. It’s not. The new law doesn’t create a specific health-related ground for possession. You still need to follow the proper notice process.
Assuming a medical certificate breaks the lease
A letter from your GP does not automatically terminate a tenancy. Under the Renters’ Rights Act, the only way to end a periodic tenancy is by giving the required notice. If you stop paying rent and leave, the landlord can use Ground 8 (rent arrears) to seek possession, which now requires three months’ arrears for monthly rent. That’s a long time to owe money, and it will affect your credit and future rental applications.
Not checking if your tenancy is excluded from the Act
The new rules don’t apply to company lets, tenancies with annual rent over £100,000, lettings for more than 21 years, service occupancies, and some student and agricultural tenancies. If you’re in one of these, the old fixed-term rules still apply. I’ve seen tenants assume they’re covered only to discover they’re still locked into a contract.
Ignoring the transitional period
If your tenancy started before 1 May 2026, it converts automatically on that date. But if you need to leave before then, the old rules apply. That means you could be liable for the full fixed term if you leave early. The safest move is to check your tenancy start date and plan around the conversion.
Overlooking the rent arrears threshold
Under the new Act, Ground 8 for rent arrears requires three months’ arrears for monthly rent (up from two months). That might sound like it gives you more breathing room, but it also means the landlord can’t act quickly. If you’re struggling to pay due to health issues, the arrears will pile up. A better approach is to negotiate a mutual surrender with the landlord before arrears reach that threshold.
How to actually end your tenancy for health reasons
The process is simpler under the new law, but it still has specific steps. Here’s what you need to do, in order.
Confirm your tenancy type and conversion date
First, check whether your tenancy is an assured shorthold tenancy (AST) or an excluded type. If it’s an AST, it will convert to a periodic tenancy on 1 May 2026. If you need to leave before that date, you’re still under the old rules. If after, the new rules apply. Write down the conversion date — it’s the most important date in your timeline.
Give written notice to your landlord
Once you’re in a periodic tenancy, you must give at least two months’ written notice. The notice must be clear that you’re ending the tenancy. There’s no standard form, but a letter or email stating your intention to vacate on a specific date is sufficient. Keep a copy. If you’re unsure about the wording, it’s worth getting a quick opinion from a tenant and landlord lawyer to avoid mistakes.
Prepare for the landlord’s potential response
Your landlord cannot use Section 21 to evict you under the new Act. But they can use Section 8 grounds if you breach the tenancy. If you leave with proper notice, there’s no breach. If you leave without notice, the landlord can claim rent for the notice period. The safest route is to agree a surrender date in writing.
Handle the move and final payments
On the day you leave, return the keys and provide a forwarding address. The landlord must return your deposit within a reasonable time, minus any agreed deductions. Under the new Act, advance rent payments are restricted, so if you paid rent upfront, the landlord must repay the unused portion. If there’s a dispute, you can use the tenancy deposit scheme’s resolution service.
Future-proofing: what’s coming next
The Renters’ Rights Act is the first phase. Further reforms are expected around landlord licensing, EPC requirements, and Awaab’s Law (which sets time limits for fixing serious hazards). If your health issues are linked to property conditions — like damp or mould — these future changes could give you stronger grounds to leave without penalty. Keep an eye on updates from the Ministry of Housing, Communities and Local Government.
Frequently asked questions about ending a tenancy for health reasons
Can I end my tenancy immediately if I’m hospitalised? ▾
Does the new Act apply to shared housing or HMOs? ▾
What if my landlord refuses to accept my notice? ▾
Can I be evicted for rent arrears caused by health issues? ▾
Does the Act cover tenancies in Scotland, Wales, or Northern Ireland? ▾
What happens to my deposit if I leave early with proper notice? ▾
The biggest shift is the one most tenants haven’t noticed yet
The removal of fixed-term tenancies is the structural change that matters most. It turns the old question — “how do I break my lease?” — into a much simpler one: “how much notice do I need to give?” For anyone facing a health crisis, that clarity is valuable. But it only applies if you know your tenancy type, your conversion date, and the exact notice rules. The two-month notice period is the new standard, and planning around it is the single most practical step you can take.
Remember: this article is general information only. For advice on your specific situation, speak to a qualified professional.
If this was useful, you might also want to read Renters’ Rights in the UK: Know Your Protections Before You Sign.
Sources and Further Reading
Your Guide to Minimum Rental Agreements in the UK — Explains the basics of tenancy lengths and what the new periodic system means for minimum terms.
From Viewing to Keys: Your Ultimate UK Apartment Leasing Timeline — Walks through the full rental process, including notice periods and move-out timing.
Baker McKenzie (2026). United Kingdom: Renters’ Rights Act 2025. 🔗
