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How much rent to pay at end of section 21 notice

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Comments

  • franklee
    franklee Posts: 3,867 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    G_M posted while I was typing this but may as well post it anyway.

    fryster2006, The landlord cannot physically evict you unless he gets a possession order and then bailiffs to remove you.

    However the financial consequences for you depend on what you have agreed wit the landlord so far.

    If you have given notice to leave on 20th June that the landlord has accepted then if you over stay you can be charged double rent under the distress for rent act.

    If you renege on a mutually agreed surrender then the landlord can insist you serve your own period's notice, so charge you another months rent.

    In both the above cases he can start eviction proceedings making you pay his court fee.

    So as already stated several times on this thread your best option is to go back and negotiate the tenancy end date and rent to be paid with your landlord.
  • franklee
    franklee Posts: 3,867 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    OTOH if you haven't agreed anything with your landlord yet you could serve your own notice. If your rental periods run from 1st till the end of the month there's just about time to hand deliver notice to leave end of June.
  • fryster2006
    fryster2006 Posts: 274 Forumite
    G_M wrote: »
    You can legally stay until a court orders you to leave. In fact even longer - till court bailiffs evict you.

    I'm a bit unclear what you've agreed with the landlord. Is this correct.........?

    * The S21 expires on 31 May
    * you and the LL agreed to a surrender of the tenancy on 20th June
    * you have paid rent to cover the period to 30th June

    If that is the case, you should leave when agreed, 20th june. However
    a) any reasonale landlord, if approached reasonable, would agree to alter the tenancy end date to 30th June (if so, confirm in writing), especially if you make clear you are happy to facilitate viewings etc by prospective new tenants
    b) even if not, it would take from 21st june to 1st July at least to evict you.

    All the starred points are correct. I contacted the landlord to ask for an extra week and hand back the property on the 27th, as work at the new house is taking longer than we anticipated. She said no and asked for confirmation that we would leave by the 20th June. None of this has been put in writing as such, it was done by text message. If I were to write a letter to her home address then would this override it?

    I think that now she is being unreasonable. We have a very large family, 2 of our children have disabilities one of whom has a very severe disability. She knew of this when we took on the tenancy, and was the reason for us moving here in the first place.

    What would be the likely situation if I put in writing that we would vacate the property by 27th June. Would I be liable for any additional costs? If she started legal proceedings to evict me would this matter as I'd be out of the property before anything happened anyway?

    I wanted to keep this amicable, but am obviously a novice at the procedure at the end of a tenancy which is where I've probably gone wrong by setting a date.
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