Been served notice to end tenancy

[DrSnoosnoo]

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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I'm Sam; Northern, Ginger, Lover
Did have: '95 ZZR600 '83 CG125 '97 ZZR1100 '15 Hypermotard 821 SP Do Have: '10 ZX10R

[arry]

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?

[Rogerborg]

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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[Hetzer]

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]

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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I'm Sam; Northern, Ginger, Lover
Did have: '95 ZZR600 '83 CG125 '97 ZZR1100 '15 Hypermotard 821 SP Do Have: '10 ZX10R

[J4mes]

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?

[DrSnoosnoo]

[J4mes]

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

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

[DrSnoosnoo]

[Bendy]

[TheArchitect]

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]

The deposit should be in escrow.

[DrSnoosnoo]

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.
____________________
I'm Sam; Northern, Ginger, Lover
Did have: '95 ZZR600 '83 CG125 '97 ZZR1100 '15 Hypermotard 821 SP Do Have: '10 ZX10R

[Hetzer]

How the other 'alf do live.

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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"There's the horizon! Ride hard, ride fast and cut down all who stand in your way!"

[JonB]

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]

[willis1337]

When you signed the contract did you query the notice clause?
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[DrSnoosnoo]

[Omega]

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 .

[thx1138]

Is it a "Section 21 notice"?

[Diquitee]

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]

[Diquitee]

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.
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2002 Yamaha Thunderace - 2010 Triumph Bonneville T100 (sadly in pieces)

[_mjs_]

[thx1138]