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Been served notice to end tenancy

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DrSnoosnoo
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PostPosted: 13:31 - 09 Jun 2014    Post subject: Been served notice to end tenancy Reply with quote

Dear Auntie BCF.

We've been given our two month notice by our landlady. Super pissed off after telling her we wanted to be here for 2 years because I've got a PhD to finish, the missus is about to start working at a new school so the timing is pants.

What I want to know is, now I have my notice, can I leave any time before the end date? If, for example, the termination date is 30th July, can I leave on 20th June and that's it, don't have to pay rent for July?

I don't want this landlady to get any more of my money for the major inconvenience she's created.

Ta.
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arry
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PostPosted: 13:41 - 09 Jun 2014    Post subject: Reply with quote

AST's can vary in terms quite a lot - you should have a copy of the agreement so best to read to be sure.

BUT.... generally speaking, you are required to pay rent up until the end of the termination period, unless of course you've got a differential notice period to that of the landlord; ie she has to give 2 months and you only 1, at which point you could throw your notice in and only be tied to half the time of her notice. You see?
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Rogerborg
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PostPosted: 14:12 - 09 Jun 2014    Post subject: Reply with quote

Agreed. A brief Google raises the point that the contract is still running, so unless the owner actually breaches any terms, you don't just get to walk without penalty.

However, it was also pointed out that if the notice to quit is because she wants to sell up, then you could screw up the sale by refusing to leave and going through the protracted eviction process, so you do have that bargaining tool.
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Last edited by Rogerborg on 16:56 - 09 Jun 2014; edited 1 time in total
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Hetzer
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PostPosted: 14:16 - 09 Jun 2014    Post subject: Reply with quote

So the law says not only do you have to find a new place to live (very hard) but also have to do it on a specific day (good luck getting the new landlord to swallow that one)?
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DrSnoosnoo
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PostPosted: 14:47 - 09 Jun 2014    Post subject: Reply with quote

Thanks arry and Roger for your replies and Hetzer, I agree with you.

I'm gonna have to dig the contract up tonight to have a read through the legal lingo to see what it all means for me.

I find it quite unfair to be told, right here's your notice get out by that day, but if you find somewhere else you actually can't leave until then ... or be stuck with rent on two properties.

If it was me giving my month's notice to leave it would be because I've found somewhere else and there ya go. It's not the same the other way around because she's told me I've gotta be out which really means, find somewhere else to live but hope it doesn't go unless you can afford to keep two properties on the go.
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J4mes
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PostPosted: 15:48 - 09 Jun 2014    Post subject: Reply with quote

Hundreds of thousands of people manage it when they sell and buy homes so why so hard when renting?!

You get your notice, you view other properties and then you arrange dates to move. I've rented and owned, never had any issues.

And why try and stitch her up by not moving out when you're meant to in order to screw up her possible sale?

Cunts trick.

Even if you have to overlap by a week or two is it really a massive hardship?
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DrSnoosnoo
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PostPosted: 15:51 - 09 Jun 2014    Post subject: Reply with quote

J4mes wrote:
Hundreds of thousands of people manage it when they sell and buy homes so why so hard when renting?!

You get your notice, you view other properties and then you arrange dates to move. I've rented and owned, never had any issues.

And why try and stitch her up by not moving out when you're meant to in order to screw up her possible sale?

Cunts trick.

Even if you have to overlap by a week or two is it really a massive hardship?


I've never suggested to not move out. I am happy to move out. Perhaps you can read the initial question and provide a suggestion.

I am asking whether now I have been given a date to move out by, can I move out at any point without having to carry on paying rent at the one I am being asked to leave.

It might not be a massive hardship for one or two weeks rent on top, but it definitely would be to pay 6 weeks rent on two places.
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J4mes
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PostPosted: 15:54 - 09 Jun 2014    Post subject: Reply with quote

Was aimed at roger about staying in to screw the sale up.

Arry has answered your question. Read contract, jump before pushed if possible

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DrSnoosnoo
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PostPosted: 15:57 - 09 Jun 2014    Post subject: Reply with quote

J4mes wrote:
Was aimed at roger about staying in to screw the sale up.

Arry has answered your question. Read contract, jump before pushed if possible

Thumbs Up


Apologies then J4mes.

I want to jump and will read up the contract tonight and if I can't make sense of it will call the agents. Like I say I want the freedom to move at my convenience, not theirs (obviously before the termination date).
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Bendy
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PostPosted: 16:18 - 09 Jun 2014    Post subject: Re: Been served notice to end tenancy Reply with quote

snoosnoo wrote:
Dear Auntie BCF.


Before getting into all the rights and regulations, why not just talk to her? If you've found a place and are ready to go in a fortnight or a month, she might be quite happy with that and wouldn't hold you to the contract.

I've generally found places to be fairly flexible when vacating and when taking new ones. If she wants you out for a reason, she probably doesn't want to prolong things any more than you do.
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TheArchitect
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PostPosted: 16:38 - 09 Jun 2014    Post subject: Reply with quote

I've given notice to my tenants in the past for varying reasons. I've usually tell the tenants verbally that I intend to give them the agreed 3 month notice by [insert date] and then formalise on that date. This gives them plenty of heads up to start looking for a new place. Personally I've never had a reason to not accept their request to leave sooner than the notice date.

OP, Speak to the landlady and explain to her that for personal and financial reasons you may opt to move sooner. If she's not a wanker she won't have any issues with that.

Oh and keep it amicable with her, if she is a wanker and you piss her off, she'll get weird with your bond money.
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Rogerborg
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PostPosted: 17:04 - 09 Jun 2014    Post subject: Reply with quote

The deposit should be in escrow.

J4mes wrote:
And why try and stitch her up by not moving out when you're meant to in order to screw up her possible sale?

Could do it, I'm not saying that you should, just that if the amicable chat doesn't go well, it's there "as a bargaining tool".

That said, it sounds like there was a understanding that the property would be available to rent for 2 years. Oh, I'm sure nothing was shaken on and it wasn't written down, but once you start playing strictly by the letter of the law, you'd best be prepared for that to become mutual.
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DrSnoosnoo
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PostPosted: 09:50 - 10 Jun 2014    Post subject: Reply with quote

Thought I'd bring this to a conclusion.

It all means that now I just served a counter notice of 1 month and I can get out, even if it will be before the 12 months of our initial contract.

Thanks for the input everyone.
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Hetzer
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PostPosted: 11:39 - 10 Jun 2014    Post subject: Reply with quote

How the other 'alf do live. Laughing

The ultimate solution is so very simple and involves nothing more difficult than letting the LL know that if he/she fucks you about or costs you money his/her gaff will be made unfit to live in shortly after it's been vacated.

I've never had to make that threat but I did once trash a gaff after the husband over-rode his wife's agreement to let me rent it, out of pure spite (he found out I was a mate of the previous tenant, who he'd fallen out with because he dared to insist the boiler be repaired).

Natural justice rules. Fuck the pigs and fuck the courts, they're there only for the wealthy.
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JonB
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PostPosted: 12:38 - 10 Jun 2014    Post subject: Reply with quote

I imagine if she is selling she would be more than happy to have the property vacated ASAP in order to give it a good clean / lick of paint.
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DrSnoosnoo
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PostPosted: 12:45 - 10 Jun 2014    Post subject: Reply with quote

JonB wrote:
I imagine if she is selling she would be more than happy to have the property vacated ASAP in order to give it a good clean / lick of paint.

It needs more than that mate.

Before we moved in, they shoved a shit load of lining paper over the already wallpapered walls and proceeded to badly paint them, oh and the ceiling where some parts are grey and some are white. The kitchen top is loose next to the sink so any pressure reveals a gaping hole which is great for waterproofing. The garage door has been fucked for about 2 months and now it means it just won't get fixed before I move. It's an up and over thing and the previous "fix"was aralditing the little peg back on the top corner to run along the runners. Great idea until it snapped and the door came up and hit me in the chin ...
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willis1337
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PostPosted: 13:16 - 10 Jun 2014    Post subject: Reply with quote

When you signed the contract did you query the notice clause?
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DrSnoosnoo
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PostPosted: 14:37 - 10 Jun 2014    Post subject: Reply with quote

willis1337 wrote:
When you signed the contract did you query the notice clause?


It was the, you've got 12 months contract which will finish, to resign after the year is up. To leave on the 11th month 29th day I need to give notice on the payment date of the start of 12th month.

Landlords have different rules which means they can serve you your notice pretty much any time after 6 months has passed.

Been told that now we've been served this notice, we agree to be out by that day or if we want before, we need to give a counter month's notice.
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Omega
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PostPosted: 05:02 - 11 Jun 2014    Post subject: Reply with quote

If I was having to kick someone out I wouldn't charge them rent for the notice period. I'd feel cheeky telling someone they need to move out and then charging them as normal right up until they left. I agree with just speaking to the landlord.

Any time I have rented out my house in the past I've been happy to lose a few quid here and there. If you're working on a budget where you can't afford to knock off a month every now and again then you've probably been watching too many TV programs and can't really afford to be playing games with peoples homes/lives.

That's just me though and probably explains why I prefer the stock market to being a landlord Laughing .
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thx1138
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PostPosted: 06:51 - 11 Jun 2014    Post subject: Reply with quote

Is it a "Section 21 notice"?
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Diquitee
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PostPosted: 08:55 - 11 Jun 2014    Post subject: Reply with quote

Just bear in mind she's probably not doing it just to stitch you up and has a valid reason, be it needing to sell or anything else. Landlords and ladies are people just like you and I and can usually be spoken to, to come to an agreement if you find yourself in trouble of finding a new place, I know I would - but bear in mind they might not have any wriggle room, ie deadline for sale or whatever.

I don't advise being a dick and refusing to leave, treat people how you want to be treated - they haven't done anything wrong by serving you notice, don't take it personally.

Omega - although that is honourable to not charge someone rent after you've handed them notice, some landlords aren't the metal tophat wearing, sports car driving millionaires that some people believe them to be. They're just normal people who rely on this income and usually it pays for their mortgage on the property.

If you do find yourself in a situation that you don't have a new place lined up, maybe you can chuck your stuff into storage short term and stay with family or friends? At least until you can rent somewhere again.
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DrSnoosnoo
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PostPosted: 09:07 - 11 Jun 2014    Post subject: Reply with quote

thx1138 wrote:
Is it a "Section 21 notice"?


I believe so.

Diquitee, like I've said I'm not going to waste my time trying to be a knobhead with this issue. I am just peeved because we'd spoken and we said, we're at quite important stages of our lives so need somewhere more stable and don't want to move at the end of the first year.

We are in a weird position because we have a letting agent but deal with the management of repairs etc. directly with the landlord. But since my contract is with the letting agent first, asking them to be lenient will be met with "ooooh it's in the contract" etc.

I've found out though I just give my month's notice and I can get out, that info is from the letting agents.
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Diquitee
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PostPosted: 09:15 - 11 Jun 2014    Post subject: Reply with quote

If that's a better option for you and you can find a place in that time then go for it.

Sometimes situations can change and unless formally agreed there's not much you can do. I do understand how frustrating it can be and especially whilst studying it's not something you really can afford to be dealing with. But the roles reversed and you needing to leave early in a 2 year contract can be equally frustrating for the landlord, it's all a matter of reaching compromise.

I help my parents with their uni student lets and they can be a right nightmare, I also have rented myself so I've experienced the trouble from both sides. My parents have ditched letting agents and do it all privately, it tends to be much easier leaving out the middleman, but in the same way you have to be more involved which isn't for everyone.


In anycase I hope you find somewhere soon and can get back to your studies. All the best and good luck. Thumbs Up
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_mjs_
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PostPosted: 22:07 - 11 Jun 2014    Post subject: Reply with quote

Hetzer wrote:
How the other 'alf do live. Laughing

The ultimate solution is so very simple and involves nothing more difficult than letting the LL know that if he/she fucks you about or costs you money his/her gaff will be made unfit to live in shortly after it's been vacated.

I've never had to make that threat but I did once trash a gaff after the husband over-rode his wife's agreement to let me rent it, out of pure spite (he found out I was a mate of the previous tenant, who he'd fallen out with because he dared to insist the boiler be repaired).

Natural justice rules. Fuck the pigs and fuck the courts, they're there only for the wealthy.


Agreed. I once got cheated out of an £800 bond so let myself back into the house with a spare key and flushed a dozen bags of postcrete down the shitter, they ended up having to dig half the street up Laughing
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thx1138
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PostPosted: 12:04 - 13 Jun 2014    Post subject: Reply with quote

snoosnoo wrote:
thx1138 wrote:
Is it a "Section 21 notice"?


I believe so.

.



as I understand it
, then you would be liable for the rent up to 30th July then. Thumbs Down
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