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We've been served notice.. can we leave earlier
mikeclarke1927
Posts: 1 Newbie
Hi,
We have renting a flat for past 6 years. We have been extending the fixed term, at 12 months at a time.
This is now due to end on 31st July and the landlord has served us notice to vacate the property on that date as she wants to sell.
We have subsequently found a new place to live and it's absolutely ideal for us. Is there any way for us to leave our current property any earlier.
Thanks,
We have renting a flat for past 6 years. We have been extending the fixed term, at 12 months at a time.
This is now due to end on 31st July and the landlord has served us notice to vacate the property on that date as she wants to sell.
We have subsequently found a new place to live and it's absolutely ideal for us. Is there any way for us to leave our current property any earlier.
Thanks,
0
Comments
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Only with the landlord's agreement, but if she wants to sell then there's a good chance of getting it. Talk to her.0
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Yes. You request an 'Early Surrender' of your tenancy. Since your LL wants you to leave he is likely to agree.mikeclarke1927 wrote: »Is there any way for us to leave our current property any earlier.
Thanks,
Make sure you get the surrender date clearly agreed/confirmed in writing, as well as the fact that rent is due till that date only.
If the LL suggests any conditions (eg fees or costs to you) bear in mind that you donot have to leave on 31st July- the LL has to apply to a court which can take a further 1 - 3 months (or even more). Early Surrender is toboth your advantages.0 -
mikeclarke1927 wrote: »Hi,
We have renting a flat for past 6 years. We have been extending the fixed term, at 12 months at a time.
This is now due to end on 31st July and the landlord has served us notice to vacate the property on that date as she wants to sell.
We have subsequently found a new place to live and it's absolutely ideal for us. Is there any way for us to leave our current property any earlier.
Thanks,
OPTIONS:
1) You can leave whenever but continue paying rent upto 31 July. As this is the end of a fixed term, you don't need to serve your own notice.
2) You can't serve valid notice to terminate earlier than the end of the fixed term.
3) You can agree an early termination with the LL, to vacate on X date, pay Y rent, do Z with the deposit etc. Neither you nor the LL have to agree to this, so its upto negotiation. The LL can agree or impose fees or refuse.
4) You can stay beyond 31st July (eg if the new place falls through) but then the LL can go to court for a possession order and you would be liable for all the costs.
I would try to negotiate (3) but ultimately if it doesn't work then go for (1) and pay rent during the overlap.0
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