How to end a tenancy in a 2-bed student property?

How to end a tenancy in a 2-bed student property?

Torn tenancy agreement symbolising end of fixed-term student rental and legal uncertainty
12:01 AM, 24th March 2026, 1 month ago 3

Hello, I have a joint student property fixed term of 11 months with an end date of 31st July. One tenant has a limited right to rent until 31st July. Property is wanted by landlord to move in themselves on 1st August. This was always know by the tenants before the contract was signed.

On 1st May, this tenancy would become a periodic tenancy under the new rules. The tenants will be provided with the Renters Rights Act information sheet.

How do I end the tenancy so that the tenant doesn’t stay beyond their right to rent end date?

Because it is only 2 people the Student Ground 4A will not apply because its is not a HMO.

A S8 ground 1 or 1A cannot be served until the tenancy has been in place for 12 months so that is not possible.

A S21 could be served before 1st May giving more than the 2 months required notice but with an end date of 31st July, it seems pointless as it would be too late to start court proceedings for the S21.

Could a S21 be issued giving an earlier date than the current fixed term of say 30th June, as the tenancy would be a periodic by then?

A S8 notice ground 7B mentions 2 weeks notice for no right to rent, but as it’s a joint tenancy where this ground would apply to one tenant would that be sufficient for both? And is it served on 1st august after the right to rent ends or 2 weeks before the right to rent ends?

Hopefully the tenants will move out as previously agreed but with the councils and tenants looking to fine/claim for incorrect paperwork, it is important to get it right.

What to do and when to do it?

Thank you,

Chris


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Comments

  • Member Since June 2013 - Comments: 238 - Articles: 49

    9:53 AM, 24th March 2026, About 1 month ago

    You are asking for the impossible. There are only two circumstances where a landlord can recover vacant possession:

    1. if the tenants vacate voluntarily, or
    2. by a bailiff or high court enforcement officer acting under the authority of a court order for possession.

    You will not be able to recover possession by 1 August 2026 by court action. So you are dependent on the tenants honouring their promise and moving out voluntarily.

    If it looks as if they are not going to do this, you could always offer them a payment to leave (‘cash for keys’) coupled with getting them to sign a deed of surrender. This needs to be done carefully, though, so you cannot be accused of harassment or undue influence.

    We have guidance on Landlord Law on this process.

    Otherwise, you are dependent on court action, either under s21 (if you serve your notice before 1 May) or ground 1 (if you serve your section 8 notice after 1 May). But this will take a long time.

  • Member Since October 2020 - Comments: 1173

    11:19 AM, 25th March 2026, About 4 weeks ago

    You can use section 8 ground 1 if the landlord wants to move back in, but only after the tenants have been there 12 months and with a 4 month notice period. Even then you’d have to go to court if the tenant doesnt move out. Alternatively, if one of the two wants to leave and end their liability, then once the tenancy is periodic they can serve you a valid notice to quit and end the tenancy for both tenants. I think its clear though that unless they are willing to leave, you won’t get the house back by August.

  • Member Since February 2016 - Comments: 194 - Articles: 1

    5:16 PM, 25th March 2026, About 4 weeks ago

    Hi Chris

    Some different advice….

    What do you know about the remaining tenant: are they a second year student or are they in their third year with their course finishing in May? It’s definitely worth revisiting their referencing criteria to find out – refer to letting agent if you don’t hold it on file. Where is this student’s family home?

    This advice is based on:

    1. Many Uni courses finish in May. A lot of students want to either scoot back home or go travelling as soon as their study year-end is over. If your remaining student is ending their second year, they may well be up for a buy-back of their lease. WIFT factor (What’s Init For Them) is that you could offer to terminate their lease early – say at the end of May – relieving them of the need to keep paying after their course has concluded for the year. There’s a lot to like about that from a student perspective.

    2. If your remaining tenant is currently a third year student who will complete their final exams in May…. they are also likely to be keen to scoot off to their next life asap. Why would they want to keep paying rent if they’re done with Uni? WIFT factor: most Councils cancel the student CT exemption the day after their final exam or their last course date. Question: why would a new graduate want to continue paying you rent as well as paying CT until the end of contract while they’re on a beach somewhere?

    Having this conversation now with the remaining student may well be music to their ears. If it is, just agree on a mutual tenancy end-date and get it signed off by all parties to the current tenancy agreement.

    Please update your agonised posting and what brought about the final work-around. Thank you.

    All the best, Chris.

    Lord

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