Can I recall the months notice Ive given?

Matthew402007

Hey everyone

I gave 1 months notice to the estate agents in writing for myself and my housemate (joint tenancy, we both signed it), it states that we will be out by the 20th of July.

However, can I call the estate agent and revoke this? And just tell them I will keep paying the rent?

I am only in month 5 of a 12 month tenancy.

The landlord wants us out so he can sell the property, my flat mate has already moved out with her boyfriend but shes legally obliged to pay her half of the rent for the next 7 months.

I just do not have anywhere else to go in 2 weeks time and I am freaking out about literally being homeless.

Thanks

Matt

Matthew402007

Does anyone know?

dancingfairy

This appears to be a bit of a messy situation. You gave 1 months notice whilst inside a fixed term? or was there a break clause? What have the letting agents/landlord said? Have they agreed that this would be the end of the contract or not?

df

arbrighton

Assuming you are in England, and have signed an AST, stating you wish to leave less than half way through the fixed term boils down to TOUGH, you can't, you signed up for a fixed term of 12 months, unless the Landlord (not the agent) agrees to break the contract.
Did they even accept your letter? If she wants you out as you say, you do know she can't get you out before the end of the AST, and even then, she'd have to issue a S21 and then go to the courts to get a possession order.
I'm sure someone will be along soon to add more to this, or you could speak to Shelter or your local council's private tenancy officer.

If in Scotland, I don't think any of the above applies btw

Werdnal

You can approach the LA/LL and discuss the option of staying on, but they do not need to accept it, especially if they have new tenants already lined up. The fact that you have nowhere else to live is not really the LL/LA's problem, and giving written notice is usually binding, and the fact that the other tenants have already left, does not help your cause either. Have you had any confirmation that they received and accepted it? Why is your LL asking you to leave just because she is selling - could take months to sell and your tenancy is valid and binding on her until you choose to leave. If you are in your fixed term, she cannot make you leave until the end anyway.

Only a few days ago, you were asking about moving a dog into the property:

https://forums.moneysavingexpert.com/discussion/4049977=

You made no mention of the fact that you had already given notice in that thread!

vax2002

If someone is Legally "obliged" to pay 7 months rent, they are "legally" obliged to occupy the property .
END OF STORY.

dancingfairy

Trouble is you appear to be trying to dump your friend back into paying rent again.
As far as I know your landlord can't just chuck you out on the street. They have to go to court to get a court order and then they would have to appoint bailiffs (well certainly they would have to do this if they had given you notice so I would assume this is the case if you have given notice).
You and you friend may actually still be bound to pay the rent in full until the end of the contract anyway if there wasn't a break clause.
Can you have a word with the letting agent/landlord and see if they are happy for you to stay on on a month by month basis for the time being?
df

pmlindyloo

Matthew402007 wrote: »

Hey everyone

I gave 1 months notice to the estate agents in writing for myself and my housemate (joint tenancy, we both signed it), it states that we will be out by the 20th of July. Why did you do this? You are liable for the rent until the end of the tenancy unless you and the landlord have agreed to a surrender or you have some sort of 6 month break caluse in your tenancy agreement.

However, can I call the estate agent and revoke this? And just tell them I will keep paying the rent?

I am only in month 5 of a 12 month tenancy.

The landlord wants us out so he can sell the property, So what communication have you had with the LL/LA? Has he agreed to your leaving without being liable for rent for the rest of the tenancy? my flat mate has already moved out with her boyfriend but shes legally obliged to pay her half of the rent for the next 7 months.

I just do not have anywhere else to go in 2 weeks time and I am freaking out about literally being homeless.

Thanks

First of all. Are you in Engladn/Wales or Scotland (regs are different)

We need to know the following:

1. Do you have a fixed one year assured shorthold tenancy agreement? Is there a break clause in the agreement? (This will be in your agreement)

2. What conversations/communication have you had with the LL/LA about his wanting to sell the house? Anything in writing? What made you give your one month's notice?

3. Is your deposit protected in a government scheme and have you had notification of this?

Presuming you are in England, the LL cannot get you out of a fixed term agreement, unless there is a break clause, until the end of the fixed term. Even then he/she has to follow a proper procedure. The only exception to this is if he has agreed to a surrender and then you wouldn't be liable for the rent for the rest of the fixed term.

Please answer the above questions and we may be able to offer more help.

PS Sorry, lots of crossed posts!

pmlindyloo

Reading everyone else's reply I have taken this in a different way.

I thought the LL was asking them to leave because he/she wants to sell the house so they gave notice!

Whoops!

Matthew402007

Yeah its a odd and horrible situation, I live in Epping, and theres limited places to live around here or any of the surrounding places.

I know, I dont want to dump my house mate into paying the rent again, however if I dont sort this situation out, I am on the streets, literally have no family still alive or anywhere I can actually go to, especially with all this furniture.

Yes I asked about moving a dog in, thats not what this thread is about though.

The landlord has accepted the months notice as he wants us out, but I just cant move anywhere in the 2 weeks I have left, feeling very helpless and stressed at the moment so apologies if I sound upset or misunderstood.

I gave the notice to the estate agent, and the landlord accepted by text.

Matthew402007

Sorry,

I am in Essex, England.

Myself and the LL have communicated by text and he bullied me out of the property so thats why I gave notice.....thinking I had enough time to find somewhere else.....I was wrong.

Yes the deposit is in the deposit scheme.

Thanks