Send this letter when your relative is leaving a care home, whether to move to another home, return home or go into longer-term hospital or nursing care, and you need to end the contract cleanly. Give notice in writing, in the way the contract says, and ask the home to confirm the end date, issue a final account and refund any fees paid in advance and any deposit. Competition and Markets Authority (CMA) advice says the resident’s notice period should be no longer than the home’s, fees should not run beyond it, and deposits should normally be returned within 28 days.
In short
- Check the contract for the notice period and how notice must be given. The CMA notes that care home contracts can normally be ended by either side on one month’s notice.
- CMA advice (paragraph 4.104) says the resident’s notice period should be no longer than the notice the home must give, and residents should not pay fees for any period beyond it.
- If the room is re-let to someone else during your notice period, the CMA says the home should refund fees for the overlap, so it does not get paid twice.
- Security deposits should normally be returned within 28 days of the resident leaving (CMA paragraph 4.12(g)).
- If the council funds the place, talk to the council first. The right to choose a care home applies to people already placed by a council, not only new residents (statutory guidance, Annex A, paragraph 3).
- A death is not a notice situation. The CMA says fees after death should usually stop after about three days, or when the room is cleared, with a backstop of about ten days.
When to use this letter and what to gather first
Use this letter for a planned move by a resident who pays their own fees, or who tops up a council-funded place. It also works during a trial period. If your relative has died, use the alternative paragraph marked in the template; you do not need to give notice, but you do need to settle the final account.
Before you write, gather:
- the residence agreement, especially the clauses on notice, refunds, deposits and belongings;
- recent invoices showing what has been paid and to which date;
- proof of your authority to act, such as a registered lasting power of attorney for property and financial affairs or a deputyship order (see lasting power of attorney or deputyship);
- the move date agreed with the new home or service, and the council’s care and support plan if the council is involved.
If your relative has capacity to make the decision, it is their decision. The CMA lists a voluntary decision to leave as a valid reason for ending the contract, as long as it is genuine and made by the resident or someone lawfully authorised to act for them (paragraph 4.95(a)). See changing care homes and our moving into a care home checklist.
Template letter: giving notice to leave a care home
Fill in the square brackets, delete what does not apply, and send it to the registered manager.
[Your full name]
[Your address]
[Your phone number]
[Your email address]
[Date]
[Name of registered manager]
[Name of care home]
[Address of care home]
[cc: [Council name] adult social care, reference [number], if the council funds or arranged the place]
Notice to end the residence agreement: [resident’s full name], Room [number]
Dear [name of manager],
I am writing [on behalf of [resident’s name], my [relationship], as [his/her/their] attorney under a lasting power of attorney for property and financial affairs / court-appointed deputy / with [his/her/their] agreement] to give notice to end the residence agreement dated [date of contract].
Clause [number] of the agreement requires [number of days/weeks] written notice. This letter is that notice, and the notice period will end on [date]. [Name] expects to move out on [date].
Please:
1. Confirm in writing that you have received this notice and agree the end date of [date].
2. Send an itemised final account, showing fees paid, fees due up to the end of the notice period, and any extra charges.
3. Refund any fees paid for the period after the notice ends. If [name] leaves before then and you re-let the room within the notice period, please refund the fees for the days the room is occupied by another resident, as the CMA’s consumer law advice for care homes recommends (paragraph 4.104(d)).
4. Return the security deposit of £[amount], less any deductions supported by an itemised invoice and evidence. The CMA advises that deposits should normally be returned no more than 28 days after the resident leaves (paragraph 4.12(g)).
5. Arrange for [name]’s medication, medication records and a summary of [his/her/their] care needs to go with [him/her/them] to [name of new home/service] on the day of the move, with [his/her/their] consent.
6. Let me know by [date] when I can collect [name]’s belongings.
[Council-funded place or top-up: [Name]’s place is funded by [council], which is aware of the move. My top-up payments under the written agreement with the council will end on the date the placement ends.]
[Leaving because of a serious problem: [Name] is leaving because [brief reason, e.g. the home has said it can no longer meet [his/her/their] nursing needs / of the concerns set out in my complaint dated [date]]. I reserve [his/her/their] right to a full refund of any prepayments and to compensation.]
[Alternative paragraph if your relative has died: I am sorry to tell you, as you will know, that [name] died on [date]. As [executor/next of kin], I will collect [his/her/their] belongings by [date]. Please confirm the date fees stop under clause [number], send an itemised final account, and refund any fees paid beyond that date and any deposit. The CMA advises that fees should stop after a short fixed period, generally around three days, or once the room is cleared subject to a backstop of around ten days, and that refunds should be made within 28 days (paragraphs 4.108 and 4.110).]
Please send the refund to [bank account name, sort code and account number / the address above] and all correspondence to me at the address above.
Thank you for the care you have given [name].
Yours sincerely,
[Signature]
[Your full name]
How to send it
- Send it the way the contract asks, usually in writing to the manager. Email is fine unless the contract says otherwise. The CMA says homes should not put up unreasonable barriers, such as insisting on registered post.
- Check when the contract says notice takes effect; it is often the day the home receives it. Send the letter as soon as the move date is fixed, and keep a copy and proof of delivery.
- Do not give notice until the new place is confirmed in writing. If the new home falls through, you may have to negotiate to withdraw your notice.
Notice periods, fees and refunds: what the CMA says
The CMA’s advice for UK care homes (December 2021) describes how it thinks consumer law applies. It still stands, and the CMA notes that since 6 April 2025 the unfair practices rules sit in the Digital Markets, Competition and Consumers Act 2024. Unfair contract terms remain under the Consumer Rights Act 2015, and an unfair term is not binding on the resident (section 62).
| Situation | What is likely to be fair | CMA paragraph |
|---|---|---|
| Resident gives notice | Notice no longer than the home must give; no fees beyond the notice period | 4.104(b) and (d) |
| Room re-let during notice | Pro-rata refund for the days another resident occupies it | 4.104(d) |
| Trial period | Adequate notice, for example seven days; refund of prepaid fees and deposit | 4.91(c) and (d) |
| Home ends the contract | Valid reason and at least 28 days’ written notice | 4.95 and 4.98 |
| Home not at fault, can’t meet needs | Pro-rata refund of prepayments, including deposits | 4.103(j) |
| Security deposit | Returned as soon as possible, normally within 28 days | 4.12(g) |
| Resident dies | Fees for about 3 days, or until the room is cleared with a backstop of about 10 days | 4.108 |
| Refund after death | Within 28 days of being due, or of identifying who is entitled | 4.110 |
A worked example: your father pays £1,300 a week, monthly in advance, and has paid to 30 November. You give notice on 1 November, the contract’s notice period ends on 28 November, and he moves on 14 November. The home re-lets the room from 21 November. On the CMA’s approach he should get back fees for 21 to 30 November, which is ten days, or about £1,857 (£1,300 ÷ 7 × 10), plus his deposit. Without the re-let, he would get back two days’ fees (29 and 30 November), about £371.
If the contract was agreed away from the home, for example by email or while your relative was in hospital, there may be a 14-day right to cancel under regulations 29 and 30 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. The CMA says a resident who cancels this way should only pay up to the date they told the home.
Moving homes when the council pays
When the council arranges a placement, it contracts with the home and stays responsible for the full fee, including any top-up. Involve the council before giving notice.
- Ask for a review. Section 27(1)(b) of the Care Act 2014 says the council must review a care and support plan on a reasonable request by or on behalf of the person.
- Use the right to choose. Regulations 2 and 3 of the Care and Support and After-care (Choice of Accommodation) Regulations 2014 require the council to arrange the preferred home if it is suitable, available, the same type as the plan specifies, and willing to accept the council’s terms. Annex A of the statutory guidance (paragraph 3) confirms this applies to people already placed by the council.
- Out of area is allowed. Choice must not be limited to the council’s own area or its usual providers (Annex A, paragraphs 6 and 7). Under section 39 of the Care Act 2014, the original council normally remains responsible.
- Top-ups need a new agreement. If the new home costs more than the personal budget, someone must agree in writing with the council to pay the difference (regulation 5). Ask the council to confirm in writing that the old top-up agreement ends with the old placement. See care home top-up fees.
After a death, the CMA says (paragraphs 4.112 and 4.113) that families should not be charged top-ups for longer than the council keeps paying, or asked to cover the council’s share once it stops. NHS-funded nursing care payments also end at death, and the CMA says terms passing that cost to the family are unfair (paragraph 4.114). See what happens when someone dies in a care home and unpaid care home fees after death.
If the home won’t refund or confirm the end date
- Use the home’s complaints procedure and ask for a final written response. Our complaint letter template can help.
- Go to the council if it arranged the place, using its complaints procedure, normally within 12 months.
- Complain to the Local Government and Social Care Ombudsman. It covers privately funded care. Go once you have a final response, or if there has been no reply within a reasonable time, which it says is usually up to 16 weeks. The time limit is normally 12 months from when you first knew of the problem (Local Government Act 1974, section 34D). For a straight debt over a refund, the Ombudsman may say a court is better placed.
- Trading Standards. The Citizens Advice consumer helpline can pass reports of unfair terms on to Trading Standards.
Scotland, Wales and Northern Ireland
The CMA advice and the Consumer Rights Act 2015 apply UK-wide, so the same points about fair notice, refunds and deposits apply. The council-funding rules above are England’s. In Wales, choice of accommodation is governed by the Care and Support (Choice of Accommodation) (Wales) Regulations 2015, and top-ups are called “additional costs”. In Scotland, council-funded residents may be placed under the National Care Home Contract. In Northern Ireland, placements are arranged by Health and Social Care Trusts. See our guides to paying for care in Scotland, Wales and Northern Ireland.
Frequently asked questions
How much notice do I have to give a care home?
Whatever the contract says, provided it is fair. The CMA says care home contracts can normally be ended by either side on one month’s notice, and the resident’s notice should be no longer than the notice the home must give. The CMA says homes should give residents at least 28 days’ written notice, so a term requiring you to give longer notice than the home itself must give is likely to be unfair.
Do we have to pay care home fees for the whole notice period if mum moves out early?
Usually yes, up to the end of the notice period but no further. If the home re-lets the room to another resident before the notice ends, the CMA says it should refund the fees for the overlap, so it is not paid twice for the same room. Ask for this in writing.
How long does a care home have to return a deposit?
The CMA advises that security deposits should be returned as quickly as possible, normally no more than 28 days after the resident leaves or dies, once the final account is agreed. Longer is acceptable only in exceptional cases, such as waiting for probate. Any deductions should be itemised and backed by evidence.
How long can a care home charge fees after someone dies?
The CMA considers that fees after death should run for only a short fixed period, generally around three days, or until belongings are cleared, with a backstop of around ten days. Fees should stop if the room is re-let sooner, and advance payments should be refunded within 28 days of being due.
Can my dad move to a different care home if the council pays?
Yes. The right to choose accommodation applies to people already placed by a council. The new home must be suitable, available and willing to accept the council’s terms, and if it costs more than the personal budget, someone must agree a top-up with the council. Ask the council for a review of his care and support plan first.
Can I give notice to a care home on behalf of my parent?
Only if you have legal authority or your parent agrees. A registered lasting power of attorney for property and financial affairs, or a deputyship order, lets you act if your parent lacks capacity. If they have capacity, the decision is theirs, and they can sign the letter or confirm in writing that you act for them.
Sources
- UK care home providers for older people: advice on consumer law (CMA, GOV.UK)
- Care homes: consumer rights for residents and their families (CMA, GOV.UK)
- Consumer Rights Act 2015, section 62 (legislation.gov.uk)
- Care and Support and After-care (Choice of Accommodation) Regulations 2014, regulation 3 (legislation.gov.uk)
- Care Act 2014, section 27: review of care and support plans (legislation.gov.uk)
- Care and Support Statutory Guidance, Annex A (GOV.UK)
- Consumer Contracts Regulations 2013, regulation 30 (legislation.gov.uk)
- How to complain: Local Government and Social Care Ombudsman
General information, not legal or financial advice. Figures for 2026/27, checked October 2026.
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Reviewed by The Care Panel team on 29 October 2026. This guide is general information about care in England, not legal, medical or financial advice. Rules and rates change; check with your council or an adviser before making decisions.