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Section 21


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I have a few questions about a section 21 we have issued and have recieved conflicting advice from the NLA and a property lawyer.

We have issued a section 21 correctly to a tenant requiring a property backon the 19th of April

His tenancy is at present in a periodic status and we require the property for use as a holiday let from this date

He has now said he has found a new property and wants to leave on or before the 19th of February.

are we entiled to any compensation i.e the deposit or does he have to pay rent until the 19th of March as I understand he can give a months from the rent due date but he is planning on leaving on the 19th of February, leaving us an empty property for two months.

The NLA say he can leave with a months notice from any point and have said and have also said he may have a right to move when ever he wants because the section 21 demands he give up the property no later than the 19th of April.

A solicitor has told me he can only leave with our agreement at the end of the tenancy on the 19th of April

Which one is right or has anyone else experienced a similar problem?

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Hi Simon,

I agree with the NLA. What are you going to do - make him stay until the 19th April by locking him in? Although it would be nice for our tenants to give us 8 weeks notice they don't have to.

Sometimes you can't have your cake and eat it - as a holiday let you must be getting loads more in rent so the downside is a few blank weeks earlier in the year.

I would just accept it as one of the pitfalls of that type of letting.


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I agree with the above. But yes if the tenancy is periodic the tenant should give 1 months notice. But think about it. You want them out and if you try and hold them to the month it could effect any property they want to move into and may not be held for them. Now if it then fell through or the tenant couldnt find a property suitable at the end of the mopnths notice what will happen is they WONT move out and you will have to evict.

In my view and expirenace if you serve a s21 for whatever reason you have to be flexible.

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Thx for the above comments, but would you agree i am entitled to deduct from the deposit the equivalent of a months rent as compensation if the tenant moves out on the 19th February. I have no concerns that he will not find another property or that he will stay in my property beyond the 19th of April.

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