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Legal matters

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Landlord wants us out early

38 replies

Applefruitcake · 25/01/2026 12:16

Our landlord has given us notice to move out early (they were living abroad and now want to move back.) Our rental agreement is until August 2026 so technically they are breaking the agreement, right? What are our rights in this case? What happens if we don't find a new place to rent in time? Can we ask for some kind of compensation to cover moving costs?

Thank you in advance for any advice offered

OP posts:
MissMoneyFairy · 25/01/2026 12:20

When do they want you to move out, have they offered compensation, contact Shelter for advice.

redboxer321 · 25/01/2026 12:21

Totally depends on your tenancy agreement. Does it have a break clause?

Sleepysunrise · 25/01/2026 12:23

If you have a tenancy agreement until August they absolutely cannot get you out.
They then need to serve you the appropriate notice.
However, after May 2026 section 21 notices are abolished so they will need a good reason to ask you to leave.

redboxer321 · 25/01/2026 12:25

However, after May 2026 section 21 notices are abolished so they will need a good reason to ask you to leave.

A landlord wanting to move back in to their property is good reason.

Willowskyblue · 25/01/2026 12:28

Is there a break clause and what does it say about notice in your lease? That will govern you the information you need.

Kimura · 25/01/2026 12:49

If your tenancy is a fixed term, they cannot use a Section 21 notice to evict you until the end of that term. If there is no relevant break clause in your agreement and you are not in breach, it's extremely unlikely that they'll be able to force you to leave.

You could certainly suggest that they offer you a financial incentive to break the contract early if you were willing to do so.

Applefruitcake · 25/01/2026 15:27

Thank you everyone for your responses. They want us to move out mid April so 4 months early. I will check if there is a break clause in the agreement.

OP posts:
skyeisthelimit · 25/01/2026 15:39

They are allowed to want to move back into their own home if coming back to this country, but if you have a tenancy until the end of August, I don't think they can get you out early.

You need to see Citizens Advice for more help.

WallaceinAnderland · 25/01/2026 15:48

If there is no break clause then they cannot repossess the property before the date of the end of the tenancy agreement and even then they need to serve you a Section 21 notice, usually 1 month before the end of the tenancy agreement, or if it goes over that date they can serve any time but would still need to give you 1 months notice.

So, if no break clause, they need to serve the Section 21 notice in July if they want you out in August. They cannot make you leave in April.

Nearly50omg · 25/01/2026 15:51

NO they can’t get you out early!! Have they offered you any money for this?!! They should be paying your removal costs and all your other costs if they are actually serious about you moving out early. DONT move anywhere until you’ve found somewhere you want - it’s their problem to find somewhere for them as your contract is until August!! The law is on your side!!

Kimura · 25/01/2026 16:12

redboxer321 · 25/01/2026 12:25

However, after May 2026 section 21 notices are abolished so they will need a good reason to ask you to leave.

A landlord wanting to move back in to their property is good reason.

Under the new legislation this would actually not count as valid reason for the first 12 months of any tenancy agreement.

redboxer321 · 25/01/2026 17:04

Kimura · 25/01/2026 16:12

Under the new legislation this would actually not count as valid reason for the first 12 months of any tenancy agreement.

Sure. But I was talking about after August in this example as were you in your OP.

Tryagain26 · 25/01/2026 17:10

Sleepysunrise · 25/01/2026 12:23

If you have a tenancy agreement until August they absolutely cannot get you out.
They then need to serve you the appropriate notice.
However, after May 2026 section 21 notices are abolished so they will need a good reason to ask you to leave.

I think eanting to live in the house yourself or sell the house is considered to be a good reason

Applefruitcake · 27/01/2026 01:51

Update: I have re-read the tenancy agreement in detail. There is only one line which mentions this "Notice is given that the landlord may seek to recover possession of the property under ground 1, schedule 2 of the housing act 1988"
Does this count as a break clause?

OP posts:
ArtichokeSurprise · 27/01/2026 03:00

Applefruitcake · 27/01/2026 01:51

Update: I have re-read the tenancy agreement in detail. There is only one line which mentions this "Notice is given that the landlord may seek to recover possession of the property under ground 1, schedule 2 of the housing act 1988"
Does this count as a break clause?

AFAIK, that gives them the right to seek possession, but this won't be granted until after the end of the fixed term.

dogmama13 · 27/01/2026 03:09

Whatever they can and can't do is all in that contract. Can you seek a housing lawyer to help you?

That line in your agreement isn't a break clause. It's just the required "prior notice" wording so the landlord can use Ground 1 (Schedule 2, Housing Act 1988) later if they want to move back in (or their family does). A real break clause would say something clear like "either party can end this tenancy early by giving X months' notice."

Right now, your landlord can still try to use Ground 1 for possession if they're genuine about moving back. They'd need to serve a proper Section 8 notice (at least 2 months), then go to court if you don't leave.

On compensation: No automatic right to moving costs under Ground 1, but lots of people negotiate a "cash for keys" deal—offer to leave early/smoothly if they cover removal fees, overlap rent, or a bit extra. Worth asking politely in writing!

Ritasueandbobtoo9 · 27/01/2026 03:15

As I understand it - They have given you two months notice, they intend to occupy their home so they can ask you to leave. Section 8 is for breach of tenancy only.

Ritasueandbobtoo9 · 27/01/2026 03:16

But they do have to give you two months notice.

Kimura · 27/01/2026 03:38

Applefruitcake · 27/01/2026 01:51

Update: I have re-read the tenancy agreement in detail. There is only one line which mentions this "Notice is given that the landlord may seek to recover possession of the property under ground 1, schedule 2 of the housing act 1988"
Does this count as a break clause?

This kind of possession order cannot take effect during your fixed term.

Ultimately you'll need to make a decision - If you want to stay until August you appear to be well within your rights. It'll be an awkward conversation with the landlord, but the sooner you let them know, the better.

If you're open to leaving sooner it's still important that you don't agree (in writing or otherwise) to accept their notice to vacate in April. In your shoes, I'd be asking the landlord to compensate me for agreeing to end the tenancy prematurely, and for the inconvenience. I don't think that covering your moving-in costs (physical move, deposit & first months' rent) would be unreasonable if you can find somewhere by April.

Kimura · 27/01/2026 03:40

dogmama13 · 27/01/2026 03:09

Whatever they can and can't do is all in that contract. Can you seek a housing lawyer to help you?

That line in your agreement isn't a break clause. It's just the required "prior notice" wording so the landlord can use Ground 1 (Schedule 2, Housing Act 1988) later if they want to move back in (or their family does). A real break clause would say something clear like "either party can end this tenancy early by giving X months' notice."

Right now, your landlord can still try to use Ground 1 for possession if they're genuine about moving back. They'd need to serve a proper Section 8 notice (at least 2 months), then go to court if you don't leave.

On compensation: No automatic right to moving costs under Ground 1, but lots of people negotiate a "cash for keys" deal—offer to leave early/smoothly if they cover removal fees, overlap rent, or a bit extra. Worth asking politely in writing!

Right now, your landlord can still try to use Ground 1 for possession if they're genuine about moving back

They can, but it won't be granted during the fixed term.

dogmama13 · 27/01/2026 03:46

Kimura · 27/01/2026 03:40

Right now, your landlord can still try to use Ground 1 for possession if they're genuine about moving back

They can, but it won't be granted during the fixed term.

That's good then! But I think getting a lawyer involved would be the best step for OP here. At least for some initial advice. Personally, I wouldn't leave unless the landlord was paying me for it.

Kimura · 27/01/2026 05:07

dogmama13 · 27/01/2026 03:46

That's good then! But I think getting a lawyer involved would be the best step for OP here. At least for some initial advice. Personally, I wouldn't leave unless the landlord was paying me for it.

If they have the money to throw at one and it reassures them, why not? But unless OP has left out some important details, there's really no need at this stage.

Shelter or similar will be able to confirm her rights for free. The landlord will not be granted a possession order within the fixed term for the reasons stated, so all OP needs to do is tell them that she intends to stay for the duration of the tenancy agreement.

I'd consider getting legal advice if it came to drawing up an agreement to end the tenancy early.

Taytoface · 27/01/2026 06:52

If you have a digital copy of your lease you can feed it I to chat GPT and see what it says.

shuffleofftobuffalo · 27/01/2026 07:09

GIve Shelter a call - free housing advisory service partly govt funded. They can verify what you’ve been told here - that the LL can’t give you notice during a fixed term. They clearly want you out before the new renters law kicks in.

here is a link to Gov.uk page https://www.gov.uk/private-renting-tenancy-agreements/your-landlord-wants-to-end-your-tenancy

and here is the link to shelter https://www.shelter.org.uk/

don’t take legal advice off chat got FGS

Private renting for tenants: tenancy agreements

A tenancy agreement is a contract between you and a landlord - ending a tenancy, changing a tenancy, tenancy types and assured shorthold tenancies

https://www.gov.uk/private-renting-tenancy-agreements/your-landlord-wants-to-end-your-tenancy

SENmumof22026 · 27/01/2026 07:24

If its a fixed term till august 2026 they can’t ask you to leave early; stand your ground you can ask them for compensation if they want you out sooner.