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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70506
Experience:  Over 5 years in practice.
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Hi, I gave my landlords agent 2 months notice to leave. They

Customer Question

Hi, I gave my landlord's agent 2 months notice to leave. They called me after showing a prospective tenant round the flat to ask if I would consider moving sooner as he was very keen to move in as soon as possible. I agreed to this and began to move my possessions out.

I went to the agency last week to check that I had made my last month's rent payment. This was confirmed by two ladies at the agency. However, I had a call last week to say the 'new tenant' had changed his mind and I would now need to stay for two months.

I stood my ground and stated I would move out after the one months notice as I was requested to do. I have not had an email or a call from the agent although they were not happy. What do you think my position is Would they be able to retain portion of the deposit for the last month's rent? I'm annoyed as I only made arrangements to move as I was being 'helpful' to them.

Kind regards
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

You are absolutely right. This is just the landlord trying to pass his misfortunes onto you.

Obviously you were not entitled to leave early but you were acting upon an agreement with the landlord that you would do so. You did not propose leaving early. You agreed to his request.

If you act upon an agreement then you are released from your contractual obligations.

The fact that his circumstances have changed now are his problem not yours.

Can I clarify anything for you?

Jo
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.
Hi Jo, thank you for your answer. one thing I would like a bit more clarity on is the Assured Shorthold Tenancy Agreement is drawn up for a year but it states that after first 6 months during which I cannot leave The agreement can end with2 months notice on either side. However as I paid 6 months rent up front and now pay monthly in advance is this now a rolling contract in which case I would only need to give one months notice in any case.

What is your view on this please.
Expert:  Remus2004 replied 3 years ago.
Well, yes you could argue that point as well. It depends when you gave notice as it has to run from the rental dates.

But it doesn't matter because the landlord agreed a release.