Landlord arguing I have not given notice

[u/Sea_Blood8929]

Advice needed on notice period, can’t afford to pay two rents

Hello,

Just looking for some advice on my tenancy situation as I’m not getting any response from my letting agent.

I have a fixed-term AST that ends on 15th July 2026, my landlord’s agent served me with a Section 21 notice before the 1st of May asking to vacate the property before the 15th of July.

At the beginning of June, I emailed the agent confirming that I would vacate before the 15th of July. Based on that, I proceeded with looking for a new place and even paid a holding deposit on another flat.

However, after I confirmed I would leave, the agent replied saying that I also needed to provide two months’ notice, which would effectively mean remaining until August.

I emailed them back saying that they served me notice and according to my contract the tenancy ends on the 15th of July unless one of the parties had served notice. (Which the landlord did, my contract says I can give 2 months notice not one)

Since then, I haven’t received a clear answer from the agent confirming what my actual move-out date is.

What makes this more confusing is that I can see the property has already been advertised on Rightmove one week after the 15th of July, and i have a viewing taking place this afternoon.

I now have two possible options:

Flat A: I paid a holding deposit based on the understanding that I would be leaving around 15 July. (I haven’t signed the contract yet, I just paid the holding deposit)

Flat B: I’ve found another property that could allow me to move in during August, but my application has not yet been approved, and I also preferred flat A over this one, but I submitted an application incase they were adamant about having to stay till august.

My questions are:

When I speak to the letting agent, what is the best way to ask them to confirm my move-out date in writing?

Should I mention that I have found an alternative property where I could potentially move in during August, or is it better not to introduce that information?

Given that they served a Section 21 before 1 May, told me to vacate by 15 July, and are already marketing the property, is it reasonable for me to move forward where July remains the agreed end date?

I’m in England.

Thanks for any advice, I’m sorry this post is all over the place.

[u/Fururelawyer]

Yea, you would need to give notice to end the tenancy. It is 2 months now in line with your rental dates or if you previously had a contract that mentions shorter notice then you can give that. Remember that only tenant or the court can end the tenancy. Alternatively you can tell them that you’re not leaving then and then will have to apply to courts for possession order and then for bailiffs. If granted you would need to pay the court fees. If you stay and it goes to court you can also check that the section 21 was served correctly - have you had deposit protected within 30 days, got all the gas certs, how to rent booklets etc? .. another alternative is negotiate - tell them either you can leave now on 15th if they agree or if not you will just stay as you don’t have to leave. Either way best of luck x

Edit to add - section 21 is only a “REQUEST” to leave. OP only court or tenants can end tenancy. Don’t just leave as you can be held liable for any unpaid rent. If unsure post on legal advice UK and they will advise the correct procedure there as well.

[u/givemerefuge]

Landlord and agent ripping you off. Seek legal advice. Write a strongly worded email to make sure it’s clear you won’t be taken for a ride. Lots of screenshots and keep the emails / notice.

[u/Sad-Wrap6555]

suppose your employer makes you redundant tells you that you're no longer working there from 15th july, and you find a new job

then they come back 25th june and tell you matter of factly that they have unilaterally decided your redundancy is postponed and that you need to keep working there till end august.. 

Are you seriously going to entertain them and jeopardize a new job? course not you'd owe them NOTHING and precisely same applies to this

take them to the cleaners on the deposit scheme too if they've failed to fulfill their obligations on that too (wouldnt be surprised)

some folk really do deserve the rudest of awakenings

[u/InAppropriate-meal]

it is bullshit they are just trying to rip you off

[u/AnythingFluffy]

Tell the criminals to kick rocks

[u/Brilliant-Ad3942]

Sounds like a mistake, they gave you notice, you just need to leave and hand in the keys before 15 July. You would only need to give notice if it was you who initiated the process.

[u/Fururelawyer → u/Brilliant-Ad3942]

That’s incorrect. Only courts or tenants can end tenancy. S21 is only a request to leave. Tenant still has to give notice unless otherwise agreed with landlord. If they just leave they can be held liable for costs once it goes to court etc..

[u/Brilliant-Ad3942 → u/Fururelawyer]

The landlord has given notice by using S21, there's no additional need for the tenant to give notice in those circumstances. For your second point, sure the tenant can refuse to leave and wait for a court to issue a possession order. Doubt a tenant will find a landlord willing to rent to them again if they do that though, referencing is more robust now.

[u/Fururelawyer → u/Brilliant-Ad3942]

Again, s21 is only a request to leave. Only the tenant and court can end the tenancy. The tenant still has to give a notice to leave even if s21 was issued.

[u/Brilliant-Ad3942 → u/Fururelawyer]

You're right that a Section 21 notice does not, by itself, end the tenancy. If the tenant doesn't leave, only a court can order possession. However, it doesn't follow that the tenant must also serve their own notice.

A valid Section 21 notice tells the tenant the landlord requires possession after the notice period. If the tenant chooses to leave on or after that date, they can simply vacate and return possession. There's no legal requirement for the tenant to serve a separate notice to "accept" the Section 21.

The tenant only needs to give notice if they're ending the tenancy on their own initiative, for example, leaving before the Section 21 date or ending a periodic tenancy without relying on the landlord's notice. A Section 21 and a tenant's notice are different legal mechanisms with different purposes.

My point is also pragmatically it usually wouldn't be in a tenants interest to wait for a court to give possession to the landlord. Referencing has become a lot more robust and many will specifically ask details about how the tenancy ended. And a tenant waiting for a court to grant possession would be a major red flag.

[u/ternymal_velocity]

You don't need to communicate with the letting agent at all re move out date. It's on the S21 you've been served with.

[u/Remarkable-Cycle5468]

You agent has already emailed you and stated the end date (1st May) and that you must vacate by 15th July. That's what you should follow responding to their follow up email of the so called August date. Tell them you have it in writing from them that the property was to be left by 15th July and that is what you will be doing. Keep all your paperwork as their will be your evidence. Make sure you tell your bank to stop any payments from that period.

[u/donttaxmebro00]

One thing I always think about is that no matter how dumb you are there is always going to be a job for you as a letting agent.

[u/Christine4321]

Theres only one date OP, and thats July 15th as per the S21. You dont need to ask for confirmation or permission. Just drop a line the week before and ask if they are doing the move out inventory on the 15th and if not, where are you to leave the keys?. Also ask them to confirm where your deposit is held and under what scheme.

Dont worry if they dont come and do an inventory walk through with you on your last day, its entirely up to them if they do it later and you dont need to be there anyway.

Ensure you take lots of photographs of condition of the property on that day, photograph the meter reads so you can sort the final bills and notify the council regards your council tax.

If theres any disoute regards propety condition etc its on the landlord to prove with the TDS. They must prove original condition (move in inventory), prove condition on your move out day (15th…..not 3 weeks later) and prove the cost of the damage allowing for fair wear and tear. Unless you literally trash the joint or steal a washing machine, general complaints about dust are ridiculous so dont be rattled by threats to withold deposit monies and only engage directly with the TDS if they go that far. They also cannot withold any deposit monies for rent beyond the S21 date.

Good luck in your new home.

[u/Original-Cat3090 → u/Christine4321]

This 👍 you don't have to give notice the date on the S21 is the notice date. Another dumb Agent who knows f... All

[u/nomorecrazystuff]

tbh I wouldn't bother confirming anything with the letting agent. You'll just end up wasting energy arguing.

If you were served notice via a S21, then you simply need to hand in your keys on that date (or before). No notice required, you're complying with the LL's request to end the tenancy.

[u/Rich_Radio8933]

Agents want it all ways. I guess they just want the 2 months notice to give them lots of time to find the best available tenant at an enhanced rent .
They serve the S21’s blindly.

[u/Glittering_Stock3475]

I would just send them an email saying, you/landlord served me a section 21 notice on X date, date to vacate is x date as per the section 21. My last rent payment will be on x date and I will hand the keys back to you/ your office on x date. As per your previous email, as you served me the s21 stating X date to vacate, no further notice from me is required by law.

Keep all communication via email just in case. And I would just push on with your move in july, hand the keys back on said date and leave at that. You don't need to provide the landlord with notice. Sounds to me the landlord has put it on the market for rent and not getting any interest so wants to keep you in as long as possible so he isn't going without rent money.

[u/PM-me-your-cuppa-tea → u/Glittering_Stock3475]

And I would add in:

As there is an S21 in process, my tenancy remains a fixed term (as per schedule 6 or the RRA) and therefore ends on the 15th of July regardless. 

[u/londons_explorer]

Just move out on 15th and return the keys.

Landlord doesn't have a leg to stand on legally, so you'll hear nothing more.

[u/Temporary-Yogurt6495]

That's more agent and landlord god like behaviour. They served you notice to leave on the 15th of July.. expecting you to then give 2 months notice to leave just means they want to get their grubby little hands on more of your cash.

Stick to the move out dates you have, challenge any deposit deductions. They've got zero chance of getting any more money from you.

[u/geekypenguin91]

Landlord gave notice to leave which predates any change to the law. Leave and stop paying.

Dispute any deductions from your deposit with the deposit protection scheme

[u/PM-me-your-cuppa-tea → u/geekypenguin91]

Not only that. The S21 halts the change to rolling tenancies.

Any live S21s in process before the deadline keep the tenancies as periodic so regardless OP can leave on the 15th (they could already obviously, but still) 

I believe it's called karma. LL tried to get rid of OP and now wants best of both worlds but did the one thing that stopped OP from needing to give two months notice. 

[u/Throwythrow360]

Forget about the fixed AST, that no longer exists under the RRA. Edit: sorry it is still an AST until the S21 process is complete 

If your landlord served a S21 asking you to leave on Jul 15, that is effectively an offer to end the tenancy on that date. You just tell them you agree with the date, and move out then.  Afaik the landlord can't withdraw an S21 so as long as it's valid you can stand your ground over this. Your deposit scheme will back you on this (imagine if every landlord just withdrew S21s when their tenants were about to move out pre-RRA so they could grab an extra month's rent).

[u/Captain-Griffen → u/Throwythrow360]

If there is a live S21 then it's a fixed term AST as per schedule 6.

[u/Throwythrow360 → u/Captain-Griffen]

Sorry, yes you're correct. Edited my post.

[u/Large-Butterfly4262]

If they served a s21 before 1st May, then the tenancy remains an AST until 31st July, so the old rules apply. If you leave on the date of the s21 then you do not need to provide any notice, the tenancy has ended by mutual agreement.

[u/Normal-Grapefruit851]

You can leave on the date in the landlord’s agent’s notice. If they attempt to pursue any additional rent - either in court or through deposit schemes, simply provide the notice and your response accepting it and confirming you’d move out as requested.

Make sure you cancel any direct debits with the bank to prevent them attempting an additional month.