Urgent end of tenancy query

VT41

Hi - I’m a landlord and the current tenancy expires on 03/03/24 . I gave a section 21 notice (2 months notice) which asks the tenants to leave by 04/04/25 

The current tenants want to leave by 01/03/25. Are they entitled to do so bearing in mind they’ve not given they’re 4 week notice yet which would mean 4 weeks from today would be 11/03/25

Tenancy agreement states the below 

Notice to end the tenancy at or after the end of the Initial Term

12.2. If either party wishes to end the tenancy on or after the final day of the Initial Term, they may give notice in writing to the other as follows:

• The Landlord must give notice of no less than two months, such notice to expire any time on or after the final day of the Initial Term. A notice served by the Landlord under section 21 of the Housing Act 1988 shall be sufficient notice under this clause.

• The Tenant must give notice of no less than one month, such notice to expire the day before a Rent Payment Day or on the final day of the Initial Term.

marcia_

VT41 said:

Hi - I’m a landlord and the current tenancy expires on 03/03/24 . I gave a section 21 notice (2 months notice) which asks the tenants to leave by 04/04/25 

The current tenants want to leave by 01/03/25. Are they entitled to do so bearing in mind they’ve not given they’re 4 week notice yet which would mean 4 weeks from today would be 11/03/25

Tenancy agreement states the below 

Notice to end the tenancy at or after the end of the Initial Term

12.2. If either party wishes to end the tenancy on or after the final day of the Initial Term, they may give notice in writing to the other as follows:

• The Landlord must give notice of no less than two months, such notice to expire any time on or after the final day of the Initial Term. A notice served by the Landlord under section 21 of the Housing Act 1988 shall be sufficient notice under this clause.

• The Tenant must give notice of no less than one month, such notice to expire the day before a Rent Payment Day or on the final day of the Initial Term.

  You want them to leave but are arguing over a few days 🙄 be happy they are leaving without dragging it through court 

anselld

No, they are not "entitled" to do so as they have to give a month notice to align with rent date.  However, you want the property to be vacated so what is the problem getting it back a month earlier than planned?

FlorayG

An interesting scenario. You gave them notice to leave BY 4th April, so they are complying with your notice. You didn't ask them to leave ON 4th April.

FlorayG

anselld said:

No, they are not "entitled" to do so as they have to give a month notice to align with rent date.  However, you want the property to be vacated so what is the problem getting it back a month earlier than planned?

I think you are incorrect. The LL gave notice so the tenants don't need to

VT41

For clarity the current contract expires on 03/03/25

i gave them 2 months notice via section 21 . The date asks them to leave by 04/04/25

Tenanrs want to leave at the end of the current contract . I assume they can and do not need to give their notice of 4 weeks (assuming they do it today it’ll mean 11/03/25

gazfocus

VT41 said:

For clarity the current contract expires on 03/03/25

i gave them 2 months notice via section 21 . The date asks them to leave by 04/04/25

Tenanrs want to leave at the end of the current contract . I assume they can and do not need to give their notice of 4 weeks (assuming they do it today it’ll mean 11/03/25

The terms in your OP state that they need to give 4 weeks notice to leave on their final day of the initial term, however it also states it has to be in line with the rent due date so if they were to give the required notice it would now have to fall in line with the next rent due date being 4th April. 

However, you want them out, they are not causing you to go to court to get them out, they are complying with your request so I personally would just be grateful of that and end their tenancy when they wish to move out. 

VT41

gazfocus said:

VT41 said:

For clarity the current contract expires on 03/03/25

i gave them 2 months notice via section 21 . The date asks them to leave by 04/04/25

Tenanrs want to leave at the end of the current contract . I assume they can and do not need to give their notice of 4 weeks (assuming they do it today it’ll mean 11/03/25

The terms in your OP state that they need to give 4 weeks notice to leave on their final day of the initial term, however it also states it has to be in line with the rent due date so if they were to give the required notice it would now have to fall in line with the next rent due date being 4th April. 

However, you want them out, they are not causing you to go to court to get them out, they are complying with your request so I personally would just be grateful of that and end their tenancy when they wish to move out. 

https://www.housingrights.org.uk/landlords/ending-tenancy/end-fixed-term

Wouldn’t it be deemed an "unfair term" to require notice to leave at the end of a tenancy, so they are free to leave on 03/03/2025?

theartfullodger

They can leave whenever they like e.g. today 13:30. (But may remain liable for rent)

You can agree to the tenancy ending (different matter) whenever you both agree e.g. today 13:30.

May humbly suggest you desist from giving landlords a bad name and do the decent thing and agree to what they want: calmly, smiling, politely, asking whatever else you can do to help them.

Why the urgency?

Landlords (me included) have a hard enough time already without this sort of thing.

Best wishes to all 

Herzlos

If the tenancy expires on 3/3 and they haven't given you any indication they want to stay, why would you expect them to stay after that?

Since you filed a S21 to have them leave by 4/4 you seem to have been lucky they are moving in advance of that.

Don't give landlords a bad name   by trying to squeeze another months rent out of them.

saajan_12

You had a fixed term so if the tenants move out at the end ie 3Mar, the tenancy will naturally end, no notice needed. Then you have a contractual term for 1 months notice, which they have technically breached by not serving the notice 11 days ago. You may be able to claim for your damages as a result of this breach - if you had known 11 days earlier, then maybe you'd have advertised earlier and gotten a replacement tenant earlier. However this is hard to prove, and you have a duty to mitigate damages.. eg if today if you can get a tenant to start in 3 weeks, you should do it. 

FlorayG said:

anselld said:

No, they are not "entitled" to do so as they have to give a month notice to align with rent date.  However, you want the property to be vacated so what is the problem getting it back a month earlier than planned?

I think you are incorrect. The LL gave notice so the tenants don't need to

Simply incorrect. The LL's notice is to say they will go to court on XYZ date. The tenants would need to give notice if they want to leave earlier, if it wasn't for the above end of fixed term point.