Please help advice needed

robin7667

Hi

Any advice appreciated.

We moved into a rental property on the 14/07/05. We are moving abroad on the 05/09/06. I have told our estate agent on his previous property inspection 3 months ago that I would like to extend our contract to the 05/09/06. Yesterday he phoned me and told me that he had to give me a section 21. He said it would run until the 13/09/06. I told him that I only want until the 05/09/06. Today he gave us the section 21 until the 13/09/06. Now that would cost us about £200 extra.

He told me that they only run full calendar months and I cant move until the 13/09/06. I checked our contract and it doesnt say anything about termination.

Now my question is why cant you stop half way through a calendar month after giving adequate notice?

Any thoughts?

Thanks

rosysparkle

The answer to your question is because a section 21 gives you two months notice to vacate the property, and the notice has to end on the day before the anniversary date of the tenancy. Anniversary in this context doesn't mean annual, btw. So if your tenancy began on the 14th of the month, the notice has to expire on the 13th of the month.

You can still move out on the 5th but you'd be liable for the rent and other outgoings of the property (utilities and council tax) until the 13th.

With the agreement of your landlord, you could move out on the 5th and if the agency found a new tenant who signed a tenancy agreement to commence after the 5th but before the 13th, then your tenancy would be deemed to have come to an end on the day before the new tenancy agreement started. But there is no obligation on your landlord to agree to this.

robin7667

The thing is we asked for a extension of the contract on a number of occassions, i believe he should have extended the contract. Section 21 is if they want you out.

Can you give notice after section 21 has been issued? So I give 30 days notice to end on the 05/09/06.

Any case going to speak to my solicitor on Tuesday.....

Any advice appreciated from fellow MSE's

rosysparkle

If you had a two month extension from the 14/07/06, that would run from 14/07/06 to 13/09/06. If you were on a periodic (month by month) extension, that would run from the 14th of any month to the 13th of the following month.

Extensions and notice run for complete periods of the tenancy, just as the S21 does. Your agent/landlord cannot give you an extension for a part-month, although they can agree to you terminating early (by 05/09/06) but they don't have to agree, it would be a concession on their part (and would cost them money to which they are entitled) as the tenancy runs from the 14th.