Advice on leaving tenancy

Pixie5740

It doesn't matter what date the LL has put on the Section 21, what matters is when notice was served. In your case it was served on 4th November and not 3rd November.

See Shelter's website for more information about Section 21 notices.

http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_of_assured_shorthold_tenants

Have you actually found somewhere else to live now and that's why you're going to leave on 18th December?

it's very common for tenants to have overlap between one rental property and another. I had about a 3 weeks overlap this time last year.

Guest101

jjlandlord wrote: »

Not necessarily.
What the landlord cannot do is rent the same property to 2 tenants at the same time.
However, since rent payable in advance is not refundable, he may indeed in effect receive rent twice for the same period.

Not if OP keeps the keys until the 3rd

Flexxy_Kissy

Amez wrote: »

Hello

I'm currently on a rolling contact as of Aug this year, where I pay my rent on the 4th of each month.

In response to my landlords giving me a 2 month notice period that my tenancy agreement has come to an end I found a new place.

My question/advice I need is that I'm only able to leave on the 18th Dec, so do I have any right to only pay the equivalent of my rent to the 18th, or do I have no choice but to pay the full amount to the 4th Jan '15 as in accordance to the regular scheduled payments I usually make?

I appreciate any advice thrown my way!

Hi.

You have 2 options. you just have to pay the full amount or terminate the contract

rpc

Amez wrote: »

My LL sent it on the 4th November @ 23:11

How did the landlord send it?

Notice should be given by ye olde paper and envelope which tends not to have such precise delivery times. Hand delivery is also OK along

If it was emailed/tweeted/facebooked/SMS/smoke signals then it probably isn't valid. Check your contract - service can be electronic IF both parties agree but this has to be quite explicit.

On the other hand, as you are set up to leave you might want to leave that be. It could be a little bargaining chip for you - "dear mr LL your notice was invalid but I'll leave on X date if I receive a pro-rata rent refund"

rpc

You might also wish to check out CPR 6.26 which rather suggests that the date of service for your notice was 5th November, and therefore probably invalid on that account.

Example (others are similar, except for posting):

If the document is served personally before 4.30p.m. on a business day, on that day; or in any other case, on the next business day after that day.

jjlandlord

I think at that point Amez wants to leave, not find reasons not to.

AndyT678

Amez wrote: »

So really from all this I'm getting that I don't really have any options aside from paying until the 3rd January.

Or... and I know this might seem a bit crazy... talk to the guy.

He might agree to an early surrender. It might fit his plans better to have possession on 18th Dec rather than 3rd Jan. But you won't know until you ask.