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Drainer40
13-03-2010, 14:40 PM
HI, I told my landlord that there was a property I would be interested in but didn't know when the property would be ready as it was been totally been refitted but was telling my landlord out or courtesy and that I would give them a months notice when I knew the other property would be ready. This morning I received a letter through the post from my landlord giving me notice of termination giving me 2months notice. How now do I stand if my other propert is ready before the end of the 2months, do I need to still give 1 months notice or can I just leave as long as my rent is paid to date? They have given me until May15th and told me that my rent must be paid upto that date, please advise?

mind the gap
13-03-2010, 14:50 PM
HI, I told my landlord that there was a property I would be interested in but didn't know when the property would be ready as it was been totally been refitted but was telling my landlord out or courtesy and that I would give them a months notice when I knew the other property would be ready. This morning I received a letter through the post from my landlord giving me notice of termination giving me 2months notice. How now do I stand if my other propert is ready before the end of the 2months, do I need to still give 1 months notice or can I just leave as long as my rent is paid to date? They have given me until May15th and told me that my rent must be paid upto that date, please advise?

In principle, if you are still in the fixed term of an AST in England and Wales, you are liable for the rent up to the 15th May, although you can of course vacate when you wish. However if your tenancy is is not still in its fixed term (ie it has become 'rolling'), you can give a month's notice to end on a the day before a rent payment day, and leave at the expiry of that notice.

When did your tenancy begin and how long is/was the fixed term?

Drainer40
13-03-2010, 15:27 PM
My tenency agreement finishes 15th April so can I leave anytime after that even though landlord tells me to pay until 15th may with her 2 months notice.

mind the gap
13-03-2010, 15:53 PM
My tenency agreement finishes 15th April so can I leave anytime after that even though landlord tells me to pay until 15th may with her 2 months notice.

Your LL is correct. You should pay up to 15th May, and leave on 15th (or before). Otherwise even if you overstay even by one day. your tenancy will become a statutory periodic tenancy. If that happens, and your LL does nothing, then you will be obliged to give at least one month's notice ending on the last day of a rent period, which might in practice be nearly two months, depending on the time of the month at which you give notice.

However, since your LL has served you a s21 notice requiring possesison, it sounds as though he wants you to leave at the end of the fixed term. If you do not move out on the 15th, he can if he chooses go to court after 15th May to obtain a possession order and you will be legally required to move out; he can instruct bailiffs if he needs to. You may well be liable for his court costs too. Better to come to some amicable arrangement with your LL and give him as much notice as you can.

Does that make sense?

Drainer40
13-03-2010, 17:12 PM
So looks like I will have to stick it till the 15th May then even though my current agreements runs out on the 15th April.

Mrs Mug
13-03-2010, 17:23 PM
So looks like I will have to stick it till the 15th May then even though my current agreements runs out on the 15th April.

If the fixed term of your AST expires on the 15th April, you can leave then. You don't have to stay until the 15th of May unless you are in a periodic tenancy.

But if your fixed term expires on the 15th April, and you stay one extra day, then you will be liable for the rent until the 15th May.

To make sure we are all giving you the right advice, what are the dates of your agreement?

mind the gap
13-03-2010, 18:28 PM
To make sure we are all giving you the right advice, what are the dates of your agreement?

Doesn't he tell us that in #3?

Mrs Mug
13-03-2010, 18:38 PM
Doesn't he tell us that in #3?

I wanted to know the start date, end date and also the length of the AST. Just to dot the i's and cross the t's.

Drainer40
13-03-2010, 18:42 PM
Right,I have the chance of moving to another rented property at the end of April but looks like I will have to pay my current rent upto the 15th May. If I move out of my current property at the end of April can I keep the keys until the 15th May which I would have paid up to. You may ask why can't I move into the new property 15th May, its because I start back at work from maternity leave on the 10th May and didn't want to start back at work and move all in the same week. So can I keep the keys until the 15th May if that is when I have paid rent to?

mind the gap
13-03-2010, 18:45 PM
Sorry, I think I have confused everyone here by misreading the date! :o

If the fixed term ends (as it seems to) on 15th April, OP does NOT have to stay until 15th May, but can walk away on the last day of the tenancy regardless of the LL's notice.

Ignore what I said before!

mind the gap
13-03-2010, 18:46 PM
Right,I have the chance of moving to another rented property at the end of April but looks like I will have to pay my current rent upto the 15th May. If I move out of my current property at the end of April can I keep the keys until the 15th May which I would have paid up to. You may ask why can't I move into the new property 15th May, its because I start back at work from maternity leave on the 10th May and didn't want to start back at work and move all in the same week. So can I keep the keys until the 15th May if that is when I have paid rent to?

I think the answer to that question must be yes!

What?Estate
13-03-2010, 18:48 PM
It may be worth trying to come to some amicable arrangement with your landlord - if they can get a new tenant to move in at the beginning of May and want the keys back they may be willing to give you a refund in the rent paid. It's worth the communication to find a solution that suits you both best. It's not worth them losing a future tenant over and it's worth it to you if you're not paying rent on two homes. I would suggest that there's an exchange of keys and rent refund at the same time....you never know!