My tenant has served 30 days notice only 2 months into the contract, but we signed for 6 months, unfortunately I can’t see any breakout clause and it does say he can do 30 days notice so I guess I have to allow him to move out?
I used the open rent pre written contract and it used to say a breakout clause after month 4, I completely missed that they have now removed that for some reason
Does your AST not state any fixed term at all? If so, then no, he can’t just give you 30 days notice and leave whenever he wants. He’s liable for rent until … well July.
Under RRA from 1st May, they can give 2 months notice at any time. That would take them to July (don’t know what day they pay rent though) if they want to leave without penalty.
You can always agree a deed of surrender in exchange for them covering your expenses for finding a new tenant. If so, they would continue to pay rent until the new T moves in.
The contract will not say they can give 30 days notice before the end of the fixed term. Have another read. The tenant is tied into 6 months unless you want to let them out, or they serve 2m notice after 1st May as they will be allowed to do under Renters Rights Act.
That said, in my opinion its never good to have a tenant who doesn’t want to be there, so maybe consider some compromise.
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@Liam38 check contract if you signed as 6 months then they give 1 month notice so did they so you can tell them their notice is not valid.
From 1st May they can give max 2 months but less if says so in contract or you agree, so might be you can insist 2 months from now only - depending exactly what it says if it says 1 month notice once rolling that may.apply so then they could give 1 month on 1 may. OR support can advise
But you dont really want tenants there who don’t want to be there.
Suggest you propose 2 months notice and they make sure place is clean and tidy and allow viewings so you can get tenants in for when they leave and if you find tenants sooner you will refund them from when new tenants arrive.
Good luck