Rent repayment after section 21 notice HA 1988 s. 21C
AST tenants in England leaving early after a section 21 notice get advance rent repaid for unoccupied whole days, calculated by R times D divided by P.
21C A tenant under an assured shorthold tenancy of a dwelling-house in England is entitled to a repayment of rent from the landlord where— as a result of the service of a notice under section 21 the tenancy is brought to an end before the end of a period of the tenancy, the tenant has paid rent in advance for that period, and the tenant was not in occupation of the dwelling-house for one or more whole days of that period. The amount of repayment to which a tenant is entitled under subsection (1) is to be calculated in accordance with the following formula— R × D P where— R is the rent paid for the final period; D is the number of whole days of the final period for which the tenant was not in occupation of the dwelling-house; and P is the number of whole days in that period. If the repayment of rent described in subsections (1) and (2) has not been made when the court makes an order for possession under section 21, the court must order the landlord to repay the amount of rent to which the tenant is entitled. Nothing in this section affects any other right of the tenant to a repayment of rent from the landlord.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
When an assured shorthold tenancy for a dwelling-house in England ends before the end of a period because a landlord served a section 21 notice, the tenant is entitled to repayment of rent paid in advance for any whole days they were not in occupation.
The repayment is calculated by taking the rent paid for that final period, multiplying it by the number of whole days the tenant was not occupying the dwelling-house, and dividing that by the total number of whole days in that period.
If this repayment has not been made when a court makes a possession order under section 21, the court must order the landlord to repay the calculated amount to the tenant.
When it applies
- A landlord serves a section 21 notice and the tenant moves out before the final rental period ends after paying that period's rent in advance.
- A tenant pays full advance rent for a tenancy period but leaves the property early due to a section 21 notice, leaving whole days unoccupied.
- A court considers a section 21 possession application where the landlord has not returned advance rent owed for empty days at the end of the tenancy.
What this section does not say
- Tenants who choose to end their tenancy early without a section 21 notice being served.
- Tenants facing possession proceedings based on rent arrears or breach of contract grounds.
- Tenancies of dwellings in Wales, which fall outside this England-specific provision.
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This page reproduces the text of HA 1988 s. 21C in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.