Will we be liable for the rent!??! Please help!

Guest101

Ok lets try this:

1: the notice isnt legal, that's clear s day, so ignore it if you want.

2: stop letting him show people round! change the locks and tell them you wont be allowing access.

3: is your new property defintely ready on the 21st?? ie is it empty, right now?

4: your deposit may be protected, but at what stage was this done, with-in 30 days? did you receive the necessary paperwork?

Anne2

Thanks Guest101!
1. If we ignore the notice does that mean we have to stay until the end of the tenancy? (we have signed the contract on the new place)
2. We have! The flat is on with 4 different agencies so we have been showered with viewings. One of them rang this morning to bring someone and I said it was not possible.
3. The new house needs a few jobs done and a repaint. I rang them this morning to see if there is any way it can be ready by the 18th. The lady dealing it was not in the office today so she will call me on monday.
4. We did receive the necessary paperwork!

BitterAndTwisted

The landlord cannot bring the fixed-term to an end before the 18th of January without you both agreeing to a mutual surrender. In order not to be charged for an additional month's rent for overstaying by a couple of days you need to point this out to them and make it quite clear that you aren't going to leave the property without them agreeing to charging you pro-rata.

If they try to make a deduction from your deposit for the whole extra rental-period and you dispute it you are likely to lose.

Guest101

Anne2 wrote: »

Thanks Guest101!
1. If we ignore the notice does that mean we have to stay until the end of the tenancy? (we have signed the contract on the new place) - the notice isnt legal, even if you left there's a chance the LL could argue you shouldnt have. a s.21 notice is seeking possession, when you leave you still need the LL to sign a termination agreement. So yes you may have to stay until the end. However the ll clearly wants you out and you want to be out - this is where negotiating starts. A s.21 notice just means the LL wants his property back, it does not mean you must leave, and it being still in the fixed term part of the contract, isnt valid, unless you both agree.
2. We have! The flat is on with 4 different agencies so we have been showered with viewings. One of them rang this morning to bring someone and I said it was not possible. - have you changed the locks? Dont say its not possible - say I will not be allowing any viewings at all. Make the message clear to the LL that he will have a void period.
3. The new house needs a few jobs done and a repaint. I rang them this morning to see if there is any way it can be ready by the 18th. The lady dealing it was not in the office today so she will call me on monday. - If thats all thats stopping the move, you could atleast move the belongings in?
4. We did receive the necessary paperwork! - with in 30 days of paying the deposit (not necessarily the same day as the tenancy began)

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