The Renters’ Rights Act has changed how tenants end their tenancies in England. Rather than waiting for a fixed term to expire, tenants can give notice to leave during their rolling periodic tenancy.
In most cases, tenants must give at least two months’ notice under Section 20, ending on a rent payment day. Once a valid notice has been served, the landlord cannot refuse to accept it.
Want to work out when your tenant’s notice period ends? Use our calculator below to get the date in seconds.
- How much notice must a tenant give to end a tenancy?
- What to do when your tenant gives notice
- OpenRent’s tenant move-out date calculator
- 5 questions landlords should know the answers to
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How much notice must a tenant give to end a tenancy?
Under Section 20 of the Renters’ Rights Act, tenants generally need to give at least two months’ notice before ending their tenancy. However, there’s an important exception: a shorter notice period can apply if the landlord has agreed to it in writing.
That agreement could be included in the tenancy agreement itself or confirmed later in an email, letter, text message or in writing.
The government’s guidance confirms that landlords cannot require more than two months’ notice. If the agreement doesn’t specify a notice period, tenants generally need to give at least two months.
When should the notice period end?
The notice must usually end on the day rent is due or the day before, unless the landlord agrees to waive this requirement. So, before confirming a move-out date, check both the notice period and when the rent falls due.
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What to do when your tenant gives notice
When a tenant serves a valid notice to quit, the tenancy ends when the notice period expires. You don’t need to approve it or formally accept it, but you should check the details, confirm the end date, and make arrangements for the tenant to leave.
1. Check the notice and end date
Tenants must give notice in writing, but they can generally choose how to send it. A letter, email or text message can all be valid, and you can’t insist on a particular method.
The notice period is usually at least two months, unless you’ve agreed to a shorter period in writing. You should also check that the proposed end date follows the rules: the notice must normally expire on the day rent is due or the day before. If each rental period starts on the 16th, for example, the notice would usually end on the 15th or 16th.
Pay attention to when the notice is legally treated as received. The date it was sent isn’t always the date it counts as served, which can affect the tenancy end date.
- By post: Notice is generally deemed served on the second day after posting, provided that day is a business day. If not, service moves to the next business day. For example, a letter posted on Thursday would normally count as served on Monday.
- By hand or left at an address: Delivery before 4.30pm on a business day generally counts as service that day. After 4.30pm, it’s treated as served on the next business day.
- By email: An email sent before 4.30pm on a business day generally counts as served that day. If sent later or on a non-business day, it’s treated as served on the next business day.
These rules are set out in Civil Procedure Rule 6.26. Check the deemed service date before calculating when the notice period expires.
2. Confirm receipt in writing
You don’t have to formally accept the notice for it to be valid, but acknowledging it helps keep everyone on the same page.
Confirm when you received it, the date the tenancy is due to end, and how you’ll arrange the return of the keys. Keeping this in writing also gives you a useful record when dealing with the deposit and council tax.
3. Tell any joint tenants
If the person giving notice shares the tenancy with others, let the remaining tenants know in writing. They may not realise that one tenant’s notice could bring the joint tenancy to an end, so it’s important they understand what’s happening and can plan accordingly.
4. Arrange the check-out and prepare for your next tenant
Once the move-out date is confirmed, book a check-out inventory to document the property’s condition and identify any changes since the start of the tenancy. You’ll also need to prepare the deposit scheme paperwork and deal with any proposed deductions (if any).
If you plan to rent the property out again, start remarketing early to help minimise the gap between tenancies.
OpenRent’s tenant move-out date calculator
Not sure when your tenant’s notice officially ends? Getting the date wrong can throw your and your tenant’s check-out plans into disarray.
Use our tenant move-out date calculator to work out the correct legal end date in seconds, so you can plan ahead with confidence.
Tenant Move-Out Date Calculator
Check the exact date a tenancy legally ends under the Renters’ Rights Act and Civil Procedure Rules (CPR 6.26), aligned to monthly rent periods.
1. Date notice was delivered / posted:
2. How was the notice served?
Email / Text (Before 4:30pm on a weekday) Email / Text (After 4:30pm or on weekend) First or Second Class Post (Deemed 2nd day)3. Notice period required:
2 Calendar Months (Standard in England under Renters’ Rights Act) 1 Calendar Month (Older agreement clause exception)4. Day of the month rent is due:
1st of the month 2nd of the month 3rd of the month 4th of the month 5th of the month 6th of the month 7th of the month 8th of the month 9th of the month 10th of the month 11th of the month 12th of the month 13th of the month 14th of the month 15th of the month 16th of the month 17th of the month 18th of the month 19th of the month 20th of the month 21st of the month 22nd of the month 23rd of the month 24th of the month 25th of the month 26th of the month 27th of the month 28th of the month 29th of the month 30th of the month 31st of the monthDeemed Date of Service:
– Accounting for working days under CPR 6.26Confirmed Legal Move-Out Date:
– Tenancy expires at the end of the rent period.5 questions landlords should know the answers to
A tenant giving notice sounds straightforward enough. But what if they share the property, change their mind or simply refuse to leave? And what happens if they move out without properly ending the tenancy?
Here are five situations worth understanding before you make your next move.
1. Can one joint tenant end the tenancy for everyone?
Yes. If one person on a joint tenancy serves a valid notice to quit, it brings the tenancy to an end for all joint tenants, even if the others want to stay. The Renters’ Rights Act hasn’t changed this long-standing rule.
If the remaining tenants want to keep living at the property, you’ll need to agree a new tenancy with them. You’ll also need to sort out the tenancy deposit for the old tenancy and arrange protection for any deposit taken under the new agreement.
There is one important distinction: if a joint tenant wants to shorten their notice period or withdraw their notice altogether, everyone involved must agree. That means all the joint tenants and the landlord.
2. Can a tenant withdraw their notice after serving it?
They can, but they can’t simply take the notice back themselves. Section 20 of the Renters’ Rights Act changes the previous common law position by allowing a tenant and landlord to agree in writing to withdraw a notice to quit before it takes effect.
This is set out in the new Section 5A of the Protection from Eviction Act 1977. For a joint tenancy, all joint tenants and the landlord must agree to the withdrawal.
As a landlord, you’re not obliged to agree. If you don’t, the original notice still stands and the tenancy will end on the date specified in it.
3. What if the tenant stays after their notice expires?
Once a valid notice to quit takes effect, the tenancy ends. If the tenant remains in the property, you can’t simply change the locks and put them out. Doing so could amount to a criminal offence under Section 1 of the Protection from Eviction Act 1977.
You’ll need to obtain a court order to recover possession. The route described here is a standard possession claim through the County Court, rather than serving a Section 8 notice. Section 8 of the Housing Act 1988 applies to ending an existing assured periodic tenancy, whereas in this situation the tenancy has already ended.
⚠️ Be careful how you handle any money received while the former tenant remains in the property. Accepting payments as rent could risk creating a new tenancy. Instead, any payment should be treated as mesne profits, meaning compensation for the use and occupation of the property, and clearly labelled as such in writing.
4. What if the tenant leaves without formally ending the tenancy?
An empty property doesn’t necessarily mean a tenancy has ended. The tenant might have moved out for good, but they could also be away temporarily. Unless they’ve surrendered the tenancy, for example by handing back the keys, you shouldn’t assume you can change the locks and take possession.
The guidance here is to use the Section 8 procedure to recover possession. If the tenant has no intention of returning, the claim may be uncontested, and rent arrears may provide a ground for possession.
You should also pay attention to where formal notices are served. They should be sent to the tenant’s usual or last-known residence. Until the tenancy has formally ended, that may still be the rental property, even if the tenant appears to have moved out.
5. Who pays council tax if a tenant moves out early?
Moving out before the notice period ends doesn’t automatically bring the tenant’s council tax liability to an end. Under Section 28 of the Renters’ Rights Act, the tenant remains liable for council tax until the notice period expires.
Whether you need a new contract for remaining joint tenants or a brand-new tenancy from scratch, handle every legal step online in minutes. Create a New Tenancy with Rent Now
Final thoughts
The Renters’ Rights Act gives tenants more flexibility to end their tenancies, but for landlords, getting the details right still matters.
From checking the notice period and calculating the correct end date to dealing with joint tenants and preparing for check-out, a little planning can save a lot of confusion later.
Don’t assume the date your tenant plans to leave is the date their tenancy legally ends. Check the notice requirements, keep a written record of what you’ve agreed, and make sure you understand your options if the tenant changes their plans or doesn’t leave as expected.
If you’re unsure when the notice period expires, use our tenant move-out date calculator above to work out the date and plan your next steps.