I had a tenant move out from my property recently and there is a confusion over the last day…what outstanding charges are…
Situation is as follows:
Tenancy from 21st April 2023 to 20th April 2025, with payment on 21st of each month.
Notice was served on 24th June 2024, meaning 2 months notice gives until August 23rd working day.
The tenant requested to move out / vacate the property on the 21st August which i agreed only as to collect keys as they were moving far away but i stated they still need to pay until 23rd Aug even though they are leaving early.
I did the checkout formalities on the 23rd Aug when the tenant revisited the property.
The tenant is claiming the 21st Aug is the payment date and their last day and hence he does not owe anything from 21-23rd. Is this correct?
If notice was served 24th of June and the period of the tenancy is the 21st of the month, then the notice runs from 21st July to 21st August (if it’s one month notice which it should be if it’s not in a fixed term). If it’s a fixed term and that ends 21st of August, the tenant can walk away on that day without even giving notice. In these scenarios, tenant is right, and you have miscalculated how notice periods work.
You stated “2 months notice” but that’s what LLs give. Tenants give one month.
I assume you mean you served the tenant a s21 notice? If you served it with exactly those dates, then unless you delivered it by hand before 4:30pm, the notice would be invalid.
By taking back the keys, the tenant is able to argue that you re-took possession on 21st as he no longer had access. The tenancy would therefore end on that day.
To be honest, it sounds like you lucked out if the tenant didn’t force you to go to court, so I would just be happy to move-on.
If you have asked them to leave (ie S21), and they have left, why argue about 2 days rent! Wow. You could have spent thousands of pounds & months of time having to go through the courts.
If they have given notice, then they only have to give 1m, not 2, so @tatemono is right.