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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 783
Experience:  Experienced solicitor
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We have been served with a SECTION 21 notice under our periodic

Resolved Question:

We have been served with a SECTION 21 notice under our periodic tenancy which expires on 6 July. As we have found new accommodation, we intend to vacate the property on 14th June. Can the landlord force us to pay the full rent on the last month? Noting that we gave notice of our intention to vacate on 19 May?
Thanks
Submitted: 2 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 2 years ago.

LondonlawyerJ :

Hello. I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

Can you just tell me. When did your fixed term tenancy expire and which day of the month do you pay your rent.

LondonlawyerJ :

f your agreement is ‘periodic’ (that is, it rolls from week to week or month to month) you normally have to give at least 1 months' notice to end it, or 4 weeks if you have a weekly tenancy.


The only exceptions to this are if:



  • your landlord agrees to accept a shorter notice period, or agrees that someone else can take your place.

  • you are an excluded occupier – you will normally be this if you live in the same building as your landlord

  • you pay rent less frequently than monthly (every three months, for example) - in this case you have to give the same amount of notice as a rental period.

LondonlawyerJ :

Make sure that the notice ends on the first or last day of the period of a tenancy.

Customer:

Thanks. The fixed term ended on 6 Nov 2010. Rent is paid on the 6th of the month. The rental agreement allows for proportional payments at beginning and end of tenancy, and for one months written notice to vacate.

Customer:

Are there any circumstances where this might not apply? Eg, harrasment/abuse from landlord, breaches on their part?

LondonlawyerJ :

On the face of it then you can not leave leave before 6th July. If there was serious harrassment and abuse then you could argue that you had to leave early because of the landlord's actions but there would need to be quite serious misconduct from your landlord to justify this on your part.

LondonlawyerJ :

What has the landlord done and is your deposit held in a deposit guarantee scheme?

Customer:

Yes deposit is in a scheme. They've not fixed problems eg damp for 3 years, unauthorised access, lying re reasons for access, leaving the house unsecured, verbal abuse. We would have liked to negotiate an early end to the tenancy but as they have been so unreasonable we haven't felt able to.

LondonlawyerJ :

OK. If you leave early there is a risk that the landlords could bring an action against you for loss of rent between date of leaving and the 6th July. You could defend/counterclaim for the disrepair (if it is due to defects to the structure or exterior) and or the misconduct. However unless the situation is truly intolerable you may wish to avoid that risk. You might perhaps be able to use the disrepair as a bargaining lever to enable an early departure. (ie agree not to claim compensation for disrepair if released early from the contract.)

Customer:

OK, many thanks

LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 783
Experience: Experienced solicitor
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