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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10455
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Hi I need an enquiry I am a tenant and my contract expired

Resolved Question:

Hi I need an enquiry
I am a tenant and my contract expired at end of September and been given a notice to leave the property on 1st jan. In the meantime I found a place to move out, I gave written notice on 7th nov to agency and they are now asking me for the rent till the end of december,
i have paid the rent for nov, and willing to pay for the remaining 7 days beginning from 1st of dec, but agency is asking for whole december claiming that the notice wasnt given on 1st of november.
Can we create a court case against this, or how can we resolve this issue.
Thanks.
Regards.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

As the fixed term of your Tenancy has ended, you have what is called a "periodic tenancy" and the terms of the existing Agreement remain in place until eiither party gives Notice to end it.

A Tenant can end it by giving 1 month's Notice, such Notice to expire on the day before the day in the month on which the rent is paid.

Therefore, on the basis that you pay rent on the 1st of each month, to have ended the Agreement on 30th November, you needed to have served Notice on or before 30th October.

As you did not give Notice until 7th November, the Agents are right in that legally, your request to end the agreement on 30th Nov/1st December is invalid, and they are therefore entitled to the rent for December also.

I am sorry this is not the answer you were hoping for, but it sets out the legal position. There is no point in you pursuing or arguing matters, as the law is clear on the issue of Notices.

Kind Regards

AL

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