Section 21 on AST

Have issued a section 21 notice to a tenant before 1st December 2022. The date that the tenant has to vacate by is 13th February 2023. 

He has yet to advise of the date he will vacate, and the subsequent monthly rent is due on 13th January. 

Please clarify, can he leave any time between the serving of the section 21 notice and 13th February? In doing so, to what extent is his liability to pay rent? Upon paying the rent on 13th January, is he entitled to a refund on the days he did not occupy, i.e. if he vacates between 13th January & 13th February?

Last Reviewed
Have you got a question? Submit a support ticket.

View Related Handbook Page

Tenant Wants to Leave

A periodic tenant intending to leave must provide a notice to quit in writing. The minimum notice period is four weeks (specified in section 5 of the Protection from Eviction Act 1977). The length of the notice should be at least the length of a rental period (subject to the four-week minimum rule and up to a maximum of six months). This will be a calendar month for a calendar monthly rental in most cases. Where the rent is quarterly, a quarter's notice is required, six-monthly or yearly requires six months' notice. The notice should always expire at the end of a rental payment period or the first day of a new period.