Hi, I’d like some advice please. I served a section 21 to my tenants as I am moving back to my flat. They were on a rolling contract (the fixed term had ended). I gave 2 months notice with the vacating date being 1st Feb 2026. My tenants have just contacted me saying they will vacate on 1st January and that they won’t be paying the rent for January. Can they do this? They are telling me 1 week before they leave the flat. Thank you.
I believe that they can do this. While the landlord is required to give a minimum of two months notice, the tenant is required to only give one month. If I was you I would be thankful that your tenants have found a place and are moving out earlier than you anticipated. I have known of situations where the tenant hasn’t moved out after a Section 21 notice expires which would seriously scupper your plans to move back in.
4 Likes
Thank you. I agree it would be worse that they didn’t want to leave but from what I have read they should still be giving one month’s notice and pay rent for that month. It just means that I lose one month’s rent
2 Likes
They usually have to give a minimum of a months notice ending on the last day of a rent period. They may not have done this, but in your shoes I’d be happy that they’ve agreed to go since your own s21 notice doesnt end their tenancy. If they made you go to court, you’d be looking at this time next year before you could move back in.
5 Likes
Just let them go and be thankful there was no battle. An extra month to tidy up before you move in may turn out to be very useful.
3 Likes
Good they plan to leave before the s21 date but that doesn’t mean they should withhold rent they owe.
You can gently remind tenants they still have to give you a month’s notice on a rent day (check your AST but that’s the standard OR AST terms) and therefore to pay you for January otherwise they will be in arrears and that will show up any time in future when they are referenced etc and so it is in their interest to stick to the terms they signed up to.
If they don’t pay up you, you can claim that months rent as arrears from the deposit (assuming you got a deposit of 5weeks) which may well be what they are expecting. This means you don’t get it in advance and there is less available from the deposit to cover any damage or cleaning after they depart to bring up to standard when tenancy started.
So worth telling them you expect them to give a months notice from 1 Jan and to pay January’s rent as per what they signed. If they refuse you can then consider next steps (which may be to let them leave and claim it from deposit)
Good luck
3 Likes
You can claim the rent missing i.e. 3 weeks, from the deposit.
You have enough evidence now, a letter of notice and denial of rent.
Let them leave, don’t mention any intentions unless you want a scuppered place.
Some people will wreck a place if they think they aren’t going to get deposit back
3 Likes
@Chris50 if the ast (like the standard OR ast)says they have to give notice of ar least 1 months notice with the end date being on a rent payment date then the full January rent would be due, and could be claimed by @Elodie from deposit as rent arrears.
@Elodie check with deposit scheme but as @Chris50 says may be better not to alert tenants to your plans to get the rent arrears from the deposit as a fallback
1 Like
If I had served a section 21 on a Tenant, I’d be just glad they are leaving without a court battle. I’d be flexible and allow them to leave whenever it was convenient for them and not penny pinch over a few weeks rent. The loss of a few weeks rent is nothing compared to the court costs and bailiff costs you could have incurred.
I’d also be considering that I had turned their life upside down by asking them to leave their home, and the least I could do in return for that, was to be a little flexible and considerate of their needs.
10 Likes
Thanks everyone for your replies. This is what I did as I did consider the impact of asking them to leave. I let it go but if the flat has any damage or repairs will be using the deposit for this.
3 Likes
@David240 thanks for your reply. I didn’t know that the fact they are not paying rent will show up in their future referencing? Where can I find out more about this? The tenants may want to know but if I agreed to let them go early I guess this does not affect them.
Also, just to add that the tenants have only texted me about this and not formally handed in a notice by email. They just texted and said they will leave on “x” date and will not pay the rent as they can’t afford this as they have found a new place. I suppose they still need to send a formal notice email even if we come to a joint agreement that they will leave a month earlier? This is my first tenancy as a landlord and I am learning through the process.
@Elodie well it depends on the referencing but if it uses open banking it will show the regular payments ending and of course you can tell a future LL if contacted.
I think the notice and agreement between you and the tenants can be whatever format you and they agree on. Check your ast tho. Unlike notices you give such as for the s21 which have to use specific forms.
Make sure you take copies /screenshots of any txts so these don’t expire/auto delete after a time like whatsapp messages, and so you have proof in case needed (in case their new place falls through etc and they stay longer). You could ask for a more formal email setting out that they will all leave on a specific date, and say you need it for your insurance and you will then organize a checkout inventory for that date final meter readings and need to arrange with them receiving the keys back.
“Not being able to afford” for January is pretty much an admission it’s due - keep the txt and use it as further evidence when claiming back as rent arrears from the deposit after they have left (don’t tell them in advance you plan to do that).
They will have had to find rent in advance for new place and probably for deposit too which may well be why they claim they can’t afford rent to you too.
I tend to agree with @Karl11 - be pleased they are leaving without any extra expense and after they have left check whether any damage and/or whether you wish to claim for rent arrears for the January rent they seem to have admitted is due. Altho you may be able to, whether you should /what is fair and reasonable is a different question and up to you.
Good luck
2 Likes
I agree with Karl11.
I issued an S21 to terminate mid October, he’s still there using ill (mental) health as an excuse. It will cost over £400 for an accelerated possession order and £140 for a baliff to evict him.
Consider yourself fortunate if your tenants leave as promised without issue.
3 Likes
Looks like they have given a weeks notice
Isn’t this just a shocking example of how weak landlords and the court system has become? The advice here is “just be thankful they are leaving”. The PRS in UK is now a basket case. I’ve sold half my portfolio and will not be letting any more. As and when tenants give notice I sell up.
Hasn’t it always taken a long time and been costly to evict? Haven’t LLs always been grateful for the good tenants who plan to leave on time even tho we have turned their lives upside down by telling them to leave their home? A bit of give and take and balancing risk/reward has always been part of being a fair and reasonable LL (in this case not pursuing the full amount due but reserving right to claim from deposit for any damage - how is that weak - what would you suggest instead ?)
What has changed is shortage of housing and cost of living. Basket case is voters pretending to believe successive govts who promise to build more housing but are too afraid of nimbys to do it but waste £billions on train routes and emergency housing instead.
Good luck
Lots of good advice on here, some of it practical, some philosophical. Make sure you change the locks once they’ve gone.
1 Like
What chris50 said, spot on advice
1 Like