Notice of possesion from landlord - Are we liable for payment of rent?

trawcliffe

Hi guys,

This is my post, so forgive me if this has been covered. Although I do think it's quite a unique situation...

Our landlord served a 2 month notice of possession a week before our fixed tenancy agreement ended. We're now moving out only one month into the 2 month notice, obviously also paying for that months rent.

The landlords are advising that we're obliged to pay rent for the full 2 months notice.

Is this correct?

We're not within our tenancy agreement, so how can they possibly say that we're responsible for rent during dates when we're not in the property?

Hope this makes sense to anyone out there!

Thanks,
Tom

princeofpounds

Your dates are a bit confusing. It would be helpful if you specified them exactly.

However, generally speaking I think your LL is correct.

When your fixed term ran out, it turned into a statutory periodic tenancy automatically under law. In this tenancy, the LL has to give 2 months notice to terminate, you 1 month.

If you did not give that notice, then the only notice existing is the landlord's notice. That ends after 2 months, so in that second month the tenancy is still 'live'. The LL legally does not want the property back yet, he wants it back when his notice expires. If you wanted to leave earlier, you should have served your own notice.

There are other relevant details and nuances, but that's the basic outline.

Soot2006

Did you give the LL one month notice of our moving out date?

trawcliffe

Hi Guys,

Thanks for the quick response.

Your dates are a bit confusing. It would be helpful if you specified them exactly.

Tenancy end date: 10th April
Notice date: 4th April

Did you give the LL one month notice of our moving out date?

We gave our notice around 7 days ago, as we were uncertain of our situation.

So, to summarise: If we didn't provide our own notice then the only one that stands is the LL. Which as it turned into an statutory periodic tenancy, we're still liable for the rent due?

PasturesNew

trawcliffe wrote: »

Tenancy end date: 10th April
Notice date: 4th April

We gave our notice around 7 days ago

You gave one month's notice on about the 1st of this month, which will take effect from your following rent date, the 11th May. You owe rent up to and including the 10th of June, to move out on or before 10th June.

thesaint

What date did your tenancy start, and how long was the fixed term?

What date did you give notice, and by what method was it served?

G_M

trawcliffe wrote: »

Hi Guys,

Thanks for the quick response.



Tenancy end date: 10th April
Notice date: 4th April
Your notice date or his? (see below)
This was the date served, or the expiry date of the notice?

We gave our notice around 7 days ago, as we were uncertain of our situation.

So, to summarise: If we didn't provide our own notice then the only one that stands is the LL. Which as it turned into an statutory periodic tenancy, we're still liable for the rent due?

Looks like:

* Fixed term ended 10th April. SPT started 11th April.

* LL served 2 (calender?) months notice on 4th april, to expire on 3rd June. Yes?

* you served notice on (2nd?) May, to expire at end of next tenancy period - 10th June

Your notice thus just confuses (and maybe delays!) the tenancy end date.

However I think you can still rely on his S21 and end the tenancy on 3rd June.

Talk to him!

(and see:

Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)