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Been served S21 but wish to terminate contract before

So following on from this thread I started last week we have been served our S21 by our landlord to vacate the property in a little over two months time. This is fine as I mentioned in previous thread we will be completing on buying a house in 2 weeks time. I get the impression the landlord is as sick of the lettings agency as I am.

My question is. If a S21 eviction has been served can I still give my 1 month notice period to leave the property which is stated on the contract? I would like to be out of the property before the 2 months. Pay one months rent and then not have to pay the final months rent.

Comments

  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    Yes, you can, and should, serve a notice to quit (assuming tenancy is periodic).
  • SerialRenter
    SerialRenter Posts: 611 Forumite
    Part of the Furniture 500 Posts Photogenic Combo Breaker
    Serve your notice, but i would also suggest having a conversation with the landlord. If they want you out so they can get rid of the letting agents too, they may be happy to agree to a mutual end the tenancy on a date you both agree. Which would save you a few weeks worth of rent.

    Worth a try!
    *Assuming you're in England or Wales.
  • David1984_2
    David1984_2 Posts: 21 Forumite
    Unfortunately. I have no direct contact information for the landlord otherwise I probably would. One month notice is sufficient as I would like some overlap.
  • benjus
    benjus Posts: 5,433 Forumite
    Part of the Furniture 1,000 Posts
    David1984 wrote: »
    Unfortunately. I have no direct contact information for the landlord otherwise I probably would. One month notice is sufficient as I would like some overlap.

    The agent is obliged to give you the landlord's real address if you ask in writing ( see section 1 of http://www.legislation.gov.uk/ukpga/1985/70 )

    However, they have 21 days to do this so by the time you get it, it may not be very useful. Have you tried looking at the Land Registry entry? - that may have the LL's real address. If you can get in direct contact you might be able to negotiate a surrender date that gives you just the right overlap with rent refunded pro-rata...
    Let's settle this like gentlemen: armed with heavy sticks
    On a rotating plate, with spikes like Flash Gordon
    And you're Peter Duncan; I gave you fair warning
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    either

    1) discuss and agree with the LL/agent a mutually agreeable date to end the tenancy. Confirm in writing.Or

    2) serve your own (valid) notice.

    See
    * Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy?

    As others have said, you can write and ask the agent for the LL's address and they hac=ve 21 days to respond or face a fine.
  • Foxy-Stoat_3
    Foxy-Stoat_3 Posts: 2,980 Forumite
    Was the Landlord's address not on the Tenancy Agreement?

    Look on one of the deposit web sites, they may give you the address on there, assuming they protected your deposit.
    "Dream World" by The B Sharps....describes a lot of the posts in the Loans and Mortgage sections !!!
  • David1984_2
    David1984_2 Posts: 21 Forumite
    Notice has been given and accepted by the landlord. Thanks for your advice.
    For everyone asking. The landlords name was given in the contract but the address was C/O the lettings agent head office. If push came to shove they may have given us the details but I doubt they would be quick (like everything else they are meant to do) Doesn't matter now. I will be free of rental agreements in one months time (hopefully forever) :j
  • Foxy-Stoat_3
    Foxy-Stoat_3 Posts: 2,980 Forumite
    Good luck on the check-out !
    "Dream World" by The B Sharps....describes a lot of the posts in the Loans and Mortgage sections !!!
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