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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have been renting a property for the past 7

Resolved Question:

I have been renting a property for the past 7 months, unfortunately my landlord's business has faltered, and he has had to sell his house, as a consequence he wants to move into this one. He gave me the statutory 2 months notice, to expire on 29th June, but he now says because I didn't give him 1 month's notice at the right time, i.e. 1st May, and I want to leave 31st May, I will have to pay him the first week of June's rent of 200 pounds. There is nothing in the contract about this, but he says it has just come into force. He says he has every right to charge me the full month's rent, as in the notice to quit he sent me it was due to expire on 29th June. Is this right ? yours faithfully, Mrs. Anne XXXXX

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

I assume your contract just says you have to give a month and not at any particular time please?

JACUSTOMER-d7kxmcf0- :

He says I should have told him by 1st May to be able to leave by 31st May and because I did not contact him until 7th May therefore I owe him rent unto 7th June

JACUSTOMER-d7kxmcf0- :

I do not understand why I should give him notice when he has already given ME notice

Alex Watts :

Its bad news I am afraid

Alex Watts :

If you pay monthly then the Landlord is entitled to 1 months notice

Alex Watts :

Therefore based on what you have said, you plan to give him 3 weeks notice

Alex Watts :

You can not do this

Alex Watts :

You MUST give him 1 months notice which if you gave it on 7th May then you DO have to pay to 7th June.

Alex Watts :

I know this seems unfair but the contract states he must give you two months and you must give him 1 month

Alex Watts :

By leaving on 31st May you are only giving 3 months, so sadly he is right

Alex Watts :

I am sorry if this is not the answer you wanted and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-d7kxmcf0- :

I still do not understand why I have to give HIM notice after he has given ME notice. I also do not understand the line that says 'By leaving on 31st May I am only giving 3 months notice' what does that mean?

Alex Watts : Because you are under a contract.
Alex Watts : The contract allows him to give you two months notice.
Alex Watts : The contract says you have to give a months notice (not 3 months)
Alex Watts : By giving him notice on 7th may you in effect give 3 WEEKS notice.
Alex Watts : You can't do this - you have to give a month unless the contract states otherwise
Alex Watts : I know this is unfair but you are both bound by the contract.
Alex Watts : You must give one months notice not 3 weeks.
Alex Watts : i am sorry that this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Alex Watts : Can I clarify anything else for you?
JACUSTOMER-d7kxmcf0- :

Sorry, it is still unclear, it was not my idea to leave, he gave me notice to quit

Alex Watts : Yes I underatand that.
Alex Watts : By law landlord must give you 2 months norice
Alex Watts : Notice.
Alex Watts : By law you have to to give the landlord one months notice.
Alex Watts : So if you want to leave, regardless of the fact he has given you notice, you need to give him one month.
Alex Watts : If he has given you notice you are still bound by the terms of the tenancy until the 2 months ends.
Alex Watts : So even though he has given you notice, if you want to leave before the end of the 2 months, you need to give him one month.
Alex Watts : This is because you have to leave by 29th June.
Alex Watts : as you have notice on 7th may then you are required by the contract to pay until 7th June.
Alex Watts : Does that clarify?
Alex Watts : I am sorry as I agree it's unfair.
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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