OpenRent Community

Section 21 question

Hi Everyone,

My Assured shorthold tenancy agreement expires 25th October and LL has issued section 21 with 3 months notice and is asking us to vacate the property by 3rd November. Section 21 was issued as we didn’t want to extend for another year and LL doesn’t want periodic terms. No issues with rent payments as we have made them always on time

We have found new property and are able to move in and vacate the property as per our ASTA on the 25th October however our letting agent is now claiming that our tenancy end date is 3rd November so liable to pay the rent until then. I feel this is not the case as our ASTA end date is 25th October and section 21 shouldn’t amend our end date. My thinking is that if we would stay beyond 25th October we would pay pro-rated rent. Please advise.

Thanks

Hi Otek,

As mentioned elsewhere, tenants can move out on the last day of their fixed term without giving any notice.

If you stayed until the 3rd Nov, then yes, you should pay only pro-rate rent for the intervening days. But there’s no need to do this if you don’t want to. You could just move out on the last day of your fixed term and pay no additional rent.

This should not be a problem for the landlord, since you are agreeing this many months in advance, so they have plenty of time to find replacement tenants.

Hope this helps,
Sam