Tenant Gave Notice But Didn’t Leave—Now Arrears and No Move-Out Date: What Next in 2025?

Spotted this tricky situation in the Landlord UK Facebook group: “Tenant on rolling contract gave notice to leave but didn’t, citing delays in their property purchase. They’ve stopped paying rent, can’t give an exact move-out date, making viewings impossible. Is the original notice invalid? Do they need to give new notice? What if they leave with arrears and I face a void? No holding deposit.” If you’re a North East landlord with rentals in Sunderland or Durham (where yields average 7-10% but arrears can wipe profits), this is a common headache. With the Renters’ Rights Bill set to abolish Section 21 no-fault evictions by early 2026 (per GOV.UK guide and Goodlord analysis), acting fast is key. Let’s break it down engagingly, like a troubleshooting workshop, with legal facts, steps to regain control, and North East tips to minimize voids and recover arrears.

The Issue Breakdown: Notice Validity and Arrears on Periodic Tenancy On a rolling (periodic) tenancy, tenant notice is typically 1 month (matching rent period, per Housing Act 1988 and Shelter England). If they gave valid notice but didn’t leave, the tenancy ends on the notice date— they become “holdover tenants” or trespassers, and you can seek possession (per OpenRent blog and Private Rented Service). However, if they’ve stayed and you’ve accepted rent (even late), it may imply a new periodic tenancy, invalidating the original notice (per Citizens Advice and Shelter). Arrears (late for 2 months) are ground 10/11 for Section 8 eviction (discretionary, 2 weeks’ notice), or ground 8 if 2 months behind at notice and court (mandatory, 2 weeks). No exact move-out = ongoing void risk. North East note: Local councils (e.g., Sunderland) offer mediation for arrears (free, via housing teams).

Step-by-Step Solutions: Regain Control Without Illegal Moves Changing locks is illegal eviction—fines up to £5k+ (Protection from Eviction Act 1977, per Shelter). Follow legal paths for possession and arrears recovery, with North East costs (e.g., solicitors £500-£1,000 vs. UK £1,500).

1. Confirm Tenancy Status (Prep: Now) Check if original notice was valid (written, 1 month minimum). If yes and no new agreement, tenancy ended—serve possession claim. If rent accepted post-notice, it’s periodic—require new notice. Document emails, payments, delays. Pro Tip: Use NRLA templates (£20 membership) for clarity.
2. Address Arrears: Demand and Section 8 (Week 1) Send formal demand letter (free template from GOV.UK)—give 14 days to pay. If unpaid, serve Section 8 notice (Form 3, £free)—ground 8 for 2+ months arrears (mandatory eviction if proven). North East: Faster courts (Newcastle, 4-6 weeks hearing vs. London 8-10).
3. Evict for Possession (Week 2-6) If Section 21 still available (pre-Bill, 2 months’ notice), serve it (Form 6A, £free) alongside Section 8 for backup. If tenant stays post-notice, apply for court order (£355 online). Bailiffs (£110 warrant + £121 enforcement) evict. If they “up and leave,” secure the property (change locks legally after abandonment notice, 2 weeks). Recover arrears via money claim (£35-£115 fee) or debt collectors (£50-£100 setup).
4. Minimize Void: Market and Protect (Ongoing) Arrange viewings with tenant consent (24 hours’ notice required). If uncooperative, seek court access order. Pre-market to line up tenants—North East voids average 22 days (Zoopla). Insurance for loss of rent (£200-£300/year add-on) covers voids.
5. Prevention for Future: Stronger Tenancies Add no-sublet clauses in ASTs, require guarantors for buyers. Monthly checks (£50-£100). North East: Use NRLA for local support.

Story: A Durham landlord faced similar delays—served dual notices, recovered arrears via court, re-let in 10 days at £100 more pcm (9% yield).

This keeps your cashflow safe—arrears hurt, but legal action wins.

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