Given 2 months notice to vacate due to landlord selling property

Breast_Cancer_Survivor

My son & his girlfriend have been privately renting a house through an agency since April. They signed a 6 months tenancy agreement that is due to run out on the 25th October this year.

In September they were issued 2 months notice to vacate the property on 25th November as the landlord has decided to sell the property & has put it on the market.

My son & his girl friend took the notice down the council as they have no where else to go & have been put in band A. They have bidded on a property this week and are number 2 on the list (the top 3 get sent to the HA who decides who to allocate the property to).

My question is if they get given this house can they move out before the date they have been given (25th November) as their tenancy agreement actually runs out on the 25th October?

The agency have told them that they can't & that they are responsible for the rent up until the 25th November even though they haven't signed another agreement.

Obviously they want to leave on good terms as they will need their deposit back to furnish their new house but would rather leave as soon as they are given another house as they can't afford to pay the rent on 2 properties.

Many thanks in advance.

paddedjohn

AFAIK If their 6 month contract ends on the 25th Oct then they can leave on that day without giving notice

Fire_Fox

They can move out/ hand over on or before the last day of the fixed term with no penalty. After that day they go onto a periodic tenancy, this happens automatically and they do not need to sign another agreement. That would mean they are liable for the rent for another month. The contract is not over until one or other party serves notice AND the tenants move out voluntarily or are evicted.

If they want the deposit back they would be wise to leave the place immaculate, attend checkout even if it is inconvenient, take loads of photographs with that days newspaper in, and ensure the landlord knows that that they are not staying after the fixed term expires. Be sure they get their dates right - and indeed the landlord has his dates right if they don't get offered the HA place. If the notice to quit is wrong the landlord will need to serve it again, so another two months.