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Ask Ash Your Own Question
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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notice to vacate rented property

Customer Question

we were given 2 months notice to vacate rented property, letter dated 5/8/13, received 8/8/13, we decided to leave 2/9/13. there notice said ie vacate 28/10/13 or before. we were lucky and found flat to fit our critera so we replied that we would move out before on the 2/9/13. landlord agent says we should have given 1 months notice and will have to pay up to the 8th sept, is this correct?

Submitted: 4 years ago.
Category: Property Law
Expert:  Ash replied 4 years ago.

AlexWatts2013 : Hello my name is Alex and 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.
AlexWatts2013 : What type of tenancy do you have please?
JACUSTOMER-knbwjlrv- :

assured shorthold tenancy agreement

AlexWatts2013 : Yes I am online and offline all day as it is the weekend as per my text above.
JACUSTOMER-knbwjlrv- :

thank you but l received an answer to my question but find it difficult to comprehend. they tell us to vacate on or before the 28/10/13 as per there 2 month warning. we presumed incorrectly that we would therefore not need to give notice has they had already done so. we plan to move out as we instructed then 2/9/13, they now tell us that we will have to pay from the 28th - 8th sept. why is this?

AlexWatts2013 : The landlord is giving notice to end the contract but by law must give at least 2 months notice by law. However if you wish to leave then you are governed by the terms of the contract which usually requires 1 months notice as I assume is the case there. Therefore if you wish to leave early and before the required move out date you are responsible for giving notice. If you did not give notice then you have to stay until the move out date. If you did give notice then that is the period required usually a moth
AlexWatts2013 : month
AlexWatts2013 : You sadly did presume wrongly you would be able to move out at any point before the period. But in contract terms you have to give the notice required in the contract.
AlexWatts2013 : Can I clarify anything?
JACUSTOMER-knbwjlrv- :

no, you have answered our question, although we gave notice on the 8th of august so is it true that we will just have to pay from the 28th to the 8th. we pay direct debit on the 29th of each month in advance so is it that we are paid until the 28th of august,

AlexWatts2013 : Yes you would owe until 8th September.
AlexWatts2013 : If this answers your question, please take a moment before you leave and rate my service, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex