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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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There, I signed a one year lease with the landlord/agency

Resolved Question:

Hi there,
I signed a one year lease with the landlord/agency for a flat last year with one year break clause. Now they have come back and asking me to sign the same contract again. I have requested to continue on a two months rolling contract as that was my expectations when I signed the contract last year.
They have come back and gave me a two months notice from today with 18th August leaving date. Since the contract ends on 17July.
Can I leave on 17th July instead of 18th August since I haven't signed anything and as the contract negotiations have failed?
Thanks,
Nathan
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.

A Tenant is free to walk away and hand in the keys to a rented property at the end of the fixed term, without having to give the Landlord/Agents any form of notice.

Although it is good practice to give your Landlord some notice, you don't have to, and are perfectly entitled to vacate on 17th July.

I hope this assists and answers your question.

Kind Regards

Al

Customer: replied 2 years ago.

Hi Al, Thanks for the reply. I sent them an email saying

"I will stick to the original lease terms and vacate the property on the original end date of the lease. And I am not accepting accepting the two months extension proposal.

I haven't heard back from them. I am concerned that they would try to take my 6 week deposit? What can I do?

Thanks again

Nathan

Expert:  Aston Lawyer replied 2 years ago.

Hi Nathan,

Thanks for your reply.

Well, in short, legally, they are not entitled to withhold your Deposit. You and your Landlord have a legally binding Contract (the Tenancy Agreement) and the only commitment you have under the Contract is to pay the rent for the whole term, and if you wish to vacate at the end of the term, you are perfectly entitled to do so, without having to pay any further rent to the Landlord.

The Deposit does legally need to be held with a Tenants Deposit scheme, and hopefully you have previously been given details of the Scheme and a reference number. The Scheme provider would not allow the Landlord to take the deposit in return for rent in the circumstances set out above.

I hope this puts your mind at rest.

Kind Regards

Al

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Aston Lawyer and 2 other Law Specialists are ready to help you
Expert:  Aston Lawyer replied 2 years ago.

Hi,

Can I assist you any further?

Kind Regards

Al