S.21 served- can tenant now vacate without notice?

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    S.21 served- can tenant now vacate without notice?

    Hello All,

    This question/scenario has come up a couple of times but I can’t seem to find a definitive answer:

    Landlord serves a Section 21 notice during a Statutory Periodic Tenancy. During the final 2 months the tenant leaves without giving any notice - are they liable for the outstanding rent/remainder of the tenancy or can they just leave?

    My opinion is that despite a S21 being in play, the tenant should still be required to serve one months notice, in accordance with their tenancy agreement. However, Id be very pleased to read everyone else’s thoughts!

    The general opinion is that when a s21 notice has been served, this means that the landlord wants the tenant to vacate his property within the next two months, not on the last day of the notice or on a day specified by the tenant more than one month hence. A tenant is thus expected to pay his rent up to the date he vacates the property, but not afterwards. Of course a decent tenant would appraise his landlord of the date of his moving as soon as he was able, but this is not a requirement.

    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.


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