Renting Advice

Bunnie1982 · 21 February 2007 at 9:59PM

Our landlord has given us our two months notice to leave as per Section 21, he is selling the property privately.

We have found a house we like but ideally they would like tenants in straight away. Our managing agent has told us three times that as we are in our notice period we can leave at any time. However when my husband phoned today to make sure it was OK to move out this weekend they are now telling us we have to give one months notice (we would be moving out before rent is due)

I just wanted to clarify what was the correct procedure?

I have read on another web site that we cannot be held into staying in the property. I think the landlord wants us to stay so we can show prospective buyers around.

clutton_2 · 21 February 2007 at 11:41PM

when was the agreement signed and for how long ?

prudryden · 21 February 2007 at 11:55PM

You have been given notice to leave by a certain date. So, just leave.

Bunnie1982 · 22 February 2007 at 12:07AM

We signed an AST 2 years ago, the agreement was originally for 6 months and has been periodic since then.

franklee · 22 February 2007 at 2:32AM

Bunnie1982 wrote:

We signed an AST 2 years ago, the agreement was originally for 6 months and has been periodic since then.

As you are outside any fixed term and have been served a Section 21 Notice Requiring Possession you are free to leave without waiting for the notice to expire. The agent told you right first time.

Here is a useful post for the reasoning:

http://www.landlordzone.co.uk/forums/showpost.php?p=1353&postcount=23

See link at top right for rest of thread.

Apaterson01_2 · 22 February 2007 at 2:50PM

Hello, I am bunnie1982 husband,

I have spoken to Shelter today and they have told me that we do have to give the letting agent 1 months notice if we wish to leave the property with in the 2 months notice thay have given us.

prudryden · 22 February 2007 at 4:18PM

Apaterson
Suggest you post this interesting comment by some individual at Shelter on the Landlordzone. This is going to go head to head with Paul F, one of the gurus on Landlordzone. I personally think Shelter is wrong and agree with Paul F. But it remains to be seen.

Bunnie1982 · 22 February 2007 at 5:34PM

Had a letter from managing agent stating this:

"Unfortunately the law is that the notice period from the landlord to the tenancy is two months. If the tenant wishes to vacate before the expiry date of that notice one months notice is required."

black-saturn · 22 February 2007 at 5:54PM

Yep I'm afraid you do have to give one months written notice but it doesn't mean you have to stay there a month. You can still move out right away but you will be expected to still pay the rent for a month.

prudryden · 22 February 2007 at 5:56PM

I have transferred your question to the Landlordzone. See if we get any responses. This seems to defy logic. Landlord wants you to leave, but you are not allowed to leave without giving him notice as well.

prudryden · 22 February 2007 at 6:33PM

One poster has responded that once a S21 is served, you can leave early. You pay the rent up to the time you leave. However, the poster wasn't sure if this applies during the fixed term tenancy.

Renting Advice

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