How much notice

The rules changed on 1 May 2026. Most private rented sector tenancies in England are now assured periodic tenancies. A tenant normally has to give at least two months’ written notice unless the landlord has agreed in writing to a shorter period, and the notice must end on a rent day or the day before a rent day. A landlord cannot require more than two months’ notice. The historic AST and Section 21 discussion below should therefore be read as background to the pre-1 May 2026 regime.

This post results from the following question:

“Can a tenant can simply move out at the end of a S.21 notice period or do they still have to give the landlord notice?”

This may sound like an obvious question to which the answer is no. In fact, the answer is not what people expect and, technically, they do. So what are the notice requirements on a tenant under an assured shorthold tenancy?

During the Fixed Term

Unless there is a break clause in the tenancy agreement, neither the landlord nor the tenant may give notice to the other to end the tenancy during the fixed term.

At the end of the Fixed Term

The law is clear on this point; a tenant does not have to give notice to the landlord of their intention to leave at the end of the fixed term. They can simply leave the property without notice and the tenancy naturally comes to an end.

After the end of the Fixed Term

If no renewal or extension is agreed between the landlord and tenant the tenancy automatically becomes a Statutory Periodic Tenancy (SPT) under S.5 of the Housing Act 1988.

S.(5)(1A) makes the position very clear that an SPT can only be brought to an end by obtaining an order for possession and executing the order, i.e. by using the court bailiff.

It follows that service of a s.21 notice does not bring the tenancy to an end. All it does is give the tenant the minimum two month notice period that the landlord wants possession after the notice expires. It doesn’t mean that the tenant has to move out on the day the notice expires; it just entitles the landlord to bring a claim for possession in order to end the tenancy.

Therefore, technically, the notice required to be given by the tenant is unaffected by service of a S.21 notice. In theory, the landlord could sue the tenant (or try to recover from the deposit) for the rent that was due between the date the tenant stopped paying (most likely, when they move out) and when they should have stopped paying if they had given the correct notice.

Tenant’s Notice Requirements

The notice must be in writing and the length of the notice will be one rental period ending on the last day of a period (subject to a minimum of 4 weeks – S.5 Protection from Eviction Act 1977). So, if the tenant pays weekly, they have to give four weeks’ notice. If the tenant pays monthly they have to give one month’s notice etc.

For example, if I serve notice today, 30 January 2024 and my rent is payable on the first day of each month, my notice needs to expire on 28 February 2014.

So, why don’t we see lots of landlords suing tenants for moving out at the end of a S.21 notice period? Well, in the vast majority of cases the landlord wants the tenant to leave otherwise they wouldn’t have served the notice in the first place.

Also, it’s an illogical argument to say to the tenant you want to possession and then sue them for giving it to you. Whilst technically arguable on a strict interpretation of the Housing Act, courts dislike this type of argument for obvious reasons; it creates confusion and unfairness for the tenant. Therefore, judges will be motivated to decide the claim against the landlord which they can do by finding there was a surrender.

Surrender

If the landlord and tenant agree, there’s nothing stopping them bringing the tenancy to an end whenever they like. There are two elements to surrender. There has to be an offer to surrender made by the tenant and an acceptance by the landlord.

Therefore, a tenant can’t just leave the property, hand the keys back to the landlord and get out of their obligation to pay rent for the rest of the term. The landlord is entitled to refuse the surrender. However, if the tenant does this and the landlord then re-lets the property (which most landlords do in this situation because it’s difficult to get money from an absconded tenant) then that will be implied acceptance of the tenant’s surrender and would terminate the tenancy.

In our situation above where a landlord may think about suing a tenant who has moved out without notice at the end of the landlord’s S.21 notice period, there is an argument that service of a S.21 notice is an invitation to the tenant to surrender the tenancy which, by implication, the landlord is prepared to accept. We haven’t come across any decided cases on the point so it would be interesting to hear if anyone else has and what view the judge took.

Summary

• The landlord and tenant can agree a surrender at any time • During the fixed term the parties can’t end the tenancy early except by surrender • Tenants don’t have to give notice that they are leaving at the end of the fixed term • In a periodic tenancy the tenant must give one period’s notice (but not less than 28 days) • A S.21 Notice does not end an AST • That can only be done by surrender, tenant’s notice to quit or execution of a court order for possession.

Useful UK legal and solicitor links

• GOV.UK: How tenants end assured periodic tenancies
• Legislation.gov.uk: Renters Rights Act 2025, section 20
• Osbornes Law: Renters Rights Act 2025 guide

This article provides general information only and is not a substitute for legal or tax advice on a specific case.