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Leaving early when landlord hasn’t given notice
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[Deleted User]
Posts: 0 Newbie

I need some advice on leaving my current rented accommodation. My landlord has given me a 6 months notice to leave my rented accommodation as she wants to sell the house. In her notice she has also mentioned she would like us to leave as early as possible. I have meanwhile bought a house and we exchanged a week before and the completion date is next week sometime and we planned to move by end of the month. I am not sure what’s the impact of the lockdown 2.0 and if we do delay the move by another week , do we pay the rent pro rata or we will have to pay the full months rent?
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If she wants you to leave ASAP I would negotiate that you will think about leaving but only if you pay the exact rent owed. Hopefully you haven’t told her too much about your house purchase, if not, don’t tell her, act like you’re doing her a big favour (you are!) and not that it actually works out well for you...In your circs I would not be paying extra rent as you’re doing the landlady a big favour.2
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the landlord will surely be happy to agree anything with you to get you to leave, you can ask to pay for the extra week only a set amount and see what she says.and as for lockdown, i havent read anywhere that you cant move? but i could be wrongwhether you'll find movers to help you is another story.1
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hannah021 said:the landlord will surely be happy to agree anything with you to get you to leave, you can ask to pay for the extra week only a set amount and see what she says.and as for lockdown, i havent read anywhere that you cant move? but i could be wrongwhether you'll find movers to help you is another story.1
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The regulations allow for house moves, I have just been reading through them.1
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The LL wants you to leave.You want to leave.Ignore the legal obligations as these can be over-ridden by any mutual agreement. Have friendly chat and agree to end the tenancy on xx date, with rent paid pro rata till that date.Confirm it in writing.Everyone's happy.3
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Number 1 priority is to negotiate with the LL so everyone wins and you can leave on a mutually convenient date. However if you can't agree, I think its worth being aware of the legal position so you know how much leverage you have.
The section 21 notice is just a notice that the LL will apply to a court upon expiry; its not notice of the end of the tenancy before / on / after that date. So the tenancy doesn't just end on that date - one of 3 things would have to happen to terminate: (a) mutual agreement to terminate, (b) court issues possession order, (c) you serve valid notice.
The only thing you can enforce there is (c). This could be easily over 1 month:
- If you're on a fixed term, you can leave at at the end of it without notice.
- If you're on a statutory periodic tenancy, your notice would have to be 1 tenancy period ie expiring in line with tenancy periods.
- If you're on a contractual periodic tenancy, your notice would have to be in line with what your contract states.
Rent periods are indivisible, so you wouldn't automatically be able to pay pro rata unless you negotiate a specific final rent payment.1 -
Don't inform landlord of likely purchase. Tell them you are prepared to be flexible if she can help with ££££. Should get a fee £k...
NB Parliament has not passed regulations so we don't yet know for sure what rules will be.1
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