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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7609
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I was granted a 12 month Assured Shorthold Tenancy - which

Customer Question

I was granted a 12 month Assured Shorthold Tenancy - which expired a long time age. I have continued in occupation under a periodic tenancy. The Landlord has now given me 2 months notice, which expires on the 6th April 2013. I have found new accomodation and have vacated the property.
Do I have to pay rent on the old property between the date I vacated (and informed the Landlord) and the 6th April? Also, can the Landlord deduct any 'rent' said to be due in this period from the security deposit I paid?
Submitted: 4 years ago.
Category: Property Law
Expert:  Thomas replied 4 years ago.
Hi

Thanks for your patience.

You will be bound to pay the rent until the notice you have received from the landlord expires OR until a notice that you have served expires.

I presume that you have not given the notice required by a tenant in order to bring the statutory periodic tenancy to an end. See “notice by tenant” here:-
http://www.landlordzone.co.uk/notice_to_quit.htm

This being the case you will remain liable to pay the rent up to the date when the landlord’s notice expires.

If you do not pay this amount and there is money left over from the deposit which has been placed in a tenancy deposit scheme by the landlord then the landlord can deduct this amount from the deposit. If there is any balance owing then they can sue you for it so you should remain in contact with the landlord to avoid a county court judgement which could taint your credit report.

Sorry it could not be better news.


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Kind regards,
Customer: replied 4 years ago.

Hi,


Thanks for your reply. Could you please let me know of any statute and/or case law you relied upon in forming your opinion? Thanks.

Expert:  Thomas replied 4 years ago.
Hi,

Now that would be s5 of the Housing Act 1988 in respect of the perodic tenancy notices.

However, you are contractually bound to pay the rent until the tenancy is determined, so it's the clauses of the contract which have effect in regard to paying rent.

Please rate my answer.

Tom
Expert:  Thomas replied 4 years ago.
Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to rate my answer, if you are satisfied.

Kind regards,


Tom

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