Do tenants vacate on the last day they pay for the rent, or the next day?

Dear all,

Let’s say I’ve got a tenancy from 3 November 2021 to 2 November 2022.

Question: what’s the day the tenant needs to vacate? Is it 2 November 2022 or 3 November 2022?

Openrent’s contract has this clause:
9.45. To return all sets of keys of the Premises to the Landlord by 2pm on the day of vacating the Premises, otherwise all reasonable costs of gaining entry to the Premises and resecuring the Premises will be borne by the Tenant.

My reasoning:

  • tenant pays for the rent up to and including 2 November 2022

  • if they need to vacate on 2 Nov, let’s say they are moving to another place on this day then of course they’d need to pay rent for the new place on 2 Nov as well; i.e. they pay rent for 2 properties on 2 Nov

  • if they need to vacate on 2 Nov, theoretically I can let my place to another tenant on 2 Nov as well; i.e. someone else moves in as soon as they move out; so then theoretically I would receive rent from the tenant who moves out and also from the one who moves in; i.e. I get rent from both the old and new tenants on the same day

  • I think the above 2 points just don’t feel right. I don’t pay for my hotel on the day I check out. so I feel like tenants should vacate and hand back the keys on the day after the last day; i.e. by 2pm on 3 November 2022. this also aligns if I gave him the keys 1 year ago at 2pm on 3 Nov 2021.

Are my thoughts correct?

Any advices are much appreciated.


big difference with a hotel room and a house/flat . I never worry on the exact day they move out, You need a bit of time inbetween tenancies to check and repair


Tenants need for have moved out by end of 2 Nov in my view, although I would not enforce a 2pm handback of keys. Time to suit them. If I can meet them at that time to do the key hand-back & property inspection great, if not, they can post the keys through my letter box, as I am local…ish to all my rented properties. I certainly would not let them stay until 3rd Nov, as thats allowing them to stay after the end of their agreement, which for me would be big without a signature & agreement.


The tenants pay up to and including the last date of their tenancy. In your case, on the 2nd November. This is assuming your tenants are moving out and have given you the appropriate notice. Your understanding in the first 3 points is correct. You can, in theory, have someone move in the same day as someone moving out, but generally this isn’t advised. The property will need to be cleaned, any repairs done, inventory report carried out etc. each time a set of tenants move in/out.

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I was told years back that they had till 11.59pm and technically 12.01pm there contract will have gone periodic and another months rent !
In reality I say midday ish

I think that Openrent use a contractual periodic tenancy model agreement, which means that the tenant has to give notice to end even the initial term. If this is not the case and this is in fact a fixed term tenancy, then it ends at midnight on 2 November 2022 in your scenario and they must be out by then. If they fail to leave before midnight, then with a fixed term tenancy they would legally need to pay for a further 2 months under a statutory periodic tenancy.

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a hotel will charge if you check out late or check in early. Stipulating move out time as mid day will not waste landlord time.i charge for the day’s rent, clearly because the day is lost practically to do end of tenancy inventory from landlord Point of view and I also don’t want them to take me for granted. if they vacate by 10 am I don’t charge the day’s rent.

I do payment periods 1st month to end of month just teak the first part month to suit

I state they must be out by 0800 the following day ie on the 1st
if they pay for the 31st it’s up till midnight and that is silly, its accommodation so they need the night but additionally the landlord won’t have to pick up the council tax for the night. we normally take that day to prep for the new people to come in at 1600. that way you dont lose any rental income.
realistically if they leave at 1400 you have lost the day anyway
just go round a few days before they leave to check what will need doing.
I never say I will be deducting anything to the tenant in advance as it can cause ructions just when you want it to go smoothly
council will go after you for tax but just say it was occupied till month end and if they ever ask to see the AST say no but will produce it in court if required. council tax gatherers are a mercenary bunch so you have to be firm with them

Hotels charge per night, that’s different than tenancies that run from one date to another. I’ve seen letting agencies that want tenants to vacate the day after the last “paid day” so you’re not alone with your interpretation. But others require tenants to move out on the same day.

Do whatever feels right for you. i want to tell you a story…> Last year i moved house . Just beat the time limit for stamp duty and saved myself many 1000 s But as the place I was going to was going thru probate . Everything was last minute .NO time to book a removal van So even tho we completed on the friday, on the saturday and sunday I moved all my stuff .Sleeping over in the house I no longer owned Very kind. So I do not worry too much about the way tenants move out. What goes around…

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By doing so you are creating a new unwritten periodic tenancy, but one where you have failed to serve the relevant documents and one where you are not protected by the terms of the contract.

I’m not aware of the necessary to serve any documents when an AST rolls over to periodic tenancy.

There isnt any requirement to serve new documents if the tenancy becomes statutory periodic, (with the possible exception of the How to Rent guide), but this isnt an SPT. Its a brand new tenancy because the tenants notice ends the previous tenancy.

Must be a good question, because there are so many different opinions, most must be wrong. I consider that you cant throw someone out at one minute to midnight. The term goes from after 12 midday on, for example, the 5th to before 12 midday on the 5th. Absolutely crazy to be pedantic about it, but for the sake of rules, thats what I propose. Works for the hotel industry. A great deal of give, provided there isnt too much take, always has worked for me.

I’m afraid you’re wrong @Bill2. It goes until midnight on the last day of the tenancy and 1 second after this creates something new. What it creates depends on whether anyone gave notice and how the landlord treats the over-stay.

For many tenants, allowing them a bit of extra time to move-out wouldn’t be a problem, but most of the posts on this forum arise when the tenant or the landlord don’t behave reasonably and one or the other needs recourse to the law.

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Rent is usually paid by the tenant one month in advance l.e. rent paid on the 2nd of October 2022 covers the period up to and including the 1st of November 2022 (at midnight) . Therefor the tenant would not owe you any rent if they moved out on the 1st of November 2022

Technically I expect them to move out on the 3rd Nov. I do not care about the time much really. If they cannot make it on time I would not make a fuss either even if they need more day(s). If I was in their place I would expect same understanding. Why are you worried about this? Are you trying back to back tenancy? My advice is to give yourself at least a day or two really to check things.

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no I’m not considering back to back tenancy; what good would that be if we don’t get the house really ready for the new tenant? it’s gonna be a long term relationship so gotta have enough time to cleanup and stuffs.

I’m asking because when I tell others my case (i.e. tenancy’s from 2021-11-03 to 2022-11-02 while I let the existing tenant to return the keys on 3 nov 2022 but they wouldn’t pay rent for that day) people would say then 3rd nov becomes the last day of tenancy and they should pay rent for that day.

i.e. I don’t think I’d ask them to pay for the rent on the day they return the keys; but my friends think otherwise; so I’d really like to get some input from you fellow landlords,


When you check out hotel you do not pay for the day you are checking out. Staying that matters. When you say “people” I would be careful who I listen to. Not sure if your friends are landlords, if they are not just please stop listenning them. They will try to be on your side by giving you an advise which will be for your benefit (although it is wrong advise). If they are landlords then I would not want to be their tenants! Sorry a bit blunt but this is my personal view on this situation.

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Use your own discretion. I personally would not charge them for the extra night .

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