Can I return keys early after a Section 21 notice?

[PeachOctopus]

I was served a section 21 notice and have found a new flat to move into but there is a weeks overlap.

Is it possible to surrender the keys a week early, the estate agency has said no, I am liable for the rent.
I appreciate that it’s a legal notice and will pay the extra rent if required, but a friend said that because it’s out of contract I am able to hand it back a week early if I give them notice. Is he wrong about that?

It requires more than just you giving notice for you not to be liable for the rent. You can hand your keys back and ask to end the tenancy early but unless your landlord agrees to that you are still liable for the rent.

Check what notice you need to give- it’s often just a month for tenants. It maybe that you can serve notice yourself- my son did this and was able to save himself a month s rent. But the timings were very tight and it may be too late for you.

Personally I think you should be able to- section 21 after all always benefits the landlord, never the tenant. Legally however, you probably can't.

Thanks for the advice, I think I’ve left it too late but good to know the legal position.

Thanks for the advice, I think I’ve left it too late but good to know the legal position.