Renting - notice term

carcuscrae

Hi

I have been renting a property for the last year and the landlord has now decided he would like the property back, so via the letting agency has served the required two months notice and I need to vacate by end of May. In the contract it says they have to give 2 months notice, which they have, but as the tenant I only have to give one month.
Therefore my question is if I find a place in the next few days and can move in say by the end of April am I legally allowed to serve the landlord with a one months notice and leave a month early and not be liable for the rent in May?

Thanks

ViolaLass

Theoretically, yes, but you need to check the dates in your contract to make sure you give notice by the necessary time i.e. exactly which date of the month it started.

AnotherJoe

I don't see why you can't give a months notice. Nothing about their giving notice to you cancels your one month notice.

Generali

Yes you can.

Them having given you notice doesn't cancel the rest of the contract you have.

FWIW, in Aus when your LL gives you notice you can leave at any time within that notice period without penalty which I think works better than the UK system. That's OT though.

MrJB

When does/did your fixed term end?

carcuscrae

MrJB wrote: »

When does/did your fixed term end?

Hi my fixed term ends March 26th, so I assume if I did want to give 1 months notice I would have to do it by March 25th

Thanks

Pixie5740

No, you don't need to give any notice if you vacate the property before the end of the fixed term. However, if you remain in the property after 26th March you will automatically start a periodic tenancy (either contractual or statutory) and you will have to give notice.

This is assuming you are in England or Wales.

Edit: See Ending/Renewing an AST for further information.

carcuscrae

Pixie5740 wrote: »

No, you don't need to give any notice if you vacate the property before the end of the fixed term. However, if you remain in the property after 26th March you will automatically start a periodic tenancy (either contractual or statutory) and you will have to give notice.

This is assuming you are in England or Wales.

Edit: See Ending/Renewing an AST for further information.

Thanks for that info but as we will be staying beyond the end of the fixed term I was really trying to find out if we are tied to the 2 months notice the landlord had given or whether we could say we are giving you 1 months notice and leaving at the end of April
It may not be an issue as it depends in when we find the new property. Assuming we did though and we wanted to leave at the end of April, would I need to give the 1 month prior to March 26th?

Thanks

thesaint

You can't give valid notice whilst still in your fixed term.

If you are still in the property on March 27th, any notice you give can not expire before 26th May.

Pixie5740

The landlord's notice does not end the tenancy, that can only be done by you (the tenant) or a court. The landlord's notice is just notice that he might go to court to get an eviction notice. If you want the tenancy to end you need to serve your own notice. (Explained in the link)

The notice you will need to give depends on whether you will have a contractual or periodic tenancy. Read the link and your tenancy agreement.

carcuscrae

thesaint wrote: »

You can't give valid notice whilst still in your fixed term.

If you are still in the property on March 27th, any notice you give can not expire before 26th May.

Why can't i give notice before the end of my fixed term, I would be leaving after it ends so not sure thats right. If I had decided to leave at the end of my fixed term i would have been able to notify the landlord at the end of Feb