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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Don't understand that how much notice I have to serve.I

Resolved Question:

Don't understand that how much notice I have to serve. I have ASSURED SHORTHOLD TENANCY AGREEMENT I am confused with my notice that how many months notice I have to give if I want to move next year 01/01/2015. Here I attached some fact about my contract. 1)The tenancy will be for a term from and including the 28th June 2014 (“the Commencement Date”) to and including 27th June 2015 (“the Expiration Date”). 2) Notices 7.8.1 In the event this Tenancy becomes a periodic tenancy, the Landlord agrees that the Tenant can terminate the tenancy by giving the Landlord not less than one month’s notice in writing to be sent by first class post or hand delivery to the Landlord or his Agent. The Tenant agrees that the Landlord can terminate the tenancy by giving the Tenant not less than two months’ notice in writing to the Tenant to be sent by ordinary post or hand delivery to the Tenant. It is mutually agreed that such notice period must expire at the end of a period being on the 27th of a month. 3) Tenancy Break Clause Both parties shall have the right to terminate the tenancy at the end of the first six month period or at any time after completion of the first six month period, by giving to the other not less than two months’ notice in writing to that effect and upon the expiration of such Notice this Agreement and everything herein contained shall cease and be void subject nevertheless to the right of the parties in respect of any antecedent breach of any of the covenants herein contained. The period of notice must expire at the end of a period being on the 27th of a month. I also have one documents which is sign by both of us and my agent which I attached for your reference. So my question is 1) How many month notice I have to serve as I already gave notice on 27.11.14 then I found that section 21 notice already serve by agency/landlord on 30.06.14 so my notice is not relevant am I right? 2) Agency asking me for extra one month rent as I only serve one month notice. Do I have to pay extra rent by low even agent/landlord served me section 21 notice. 3) Do they have legal right to ask extra one month rent? Thank you, Ronak

Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Customer:

Hi

Alex Watts : So I am clear, your tenancy is fixed until 27.06.15 and not earlier as indicated by the notice?
Customer:

yes so contract fixed until 27.06.15 but when we signed contract on same date I signed section 21 notice document. As I am not aware of this I just signed

Customer:

now I would like to leave on 27.12.14 as per this notice

Customer:

and agency told me that "In relation to the attachment, section 21 was served to you by the Landlord leave the property on 27th December 2014, This was sent because if the Landlord did intend to take the property back from you, he could have easily gained possession and not breached clause 7.10. The Landlord did not want you to leave the property , therefore no further action was taken. As you have served the notice ,you should have served two months notice according to clause 7.10."

Customer:

as per notice I would like to leave on 27.12.2014 and they are asking for one month rent as I need to serve 2 months notice

Customer:

But as per my understanding landlord served me notice first so my notice is invalid anyway so I can leave on 27.12.14 and I don't have to pay extra one month rent

Customer:

am I correct?

Alex Watts : Yes if the landlord has served notice then your tenancy expires on 27.12.14
Alex Watts : Your landlord has asked you to leave.
Alex Watts : Therefore you do not need to give 2 months notice.
Alex Watts : You need to leave on 27.12.14 or pay a daily occupation charge which will be 1/30 of the monthly rent.
Alex Watts : So you don't need 2 months notice.
Alex Watts : Can I clairfy anything for you about this today please?
Customer:

2) Agency asking me for extra one month rent as I only serve one month notice. Do I have to pay extra rent by low even agent/landlord served me section 21 notice. 3) Do they have legal right to ask extra one month rent? Thank you, Ronak

Customer:

Please also answer question 3

Alex Watts : No you don't have to pay the extra month, so no you don't have to pay an extra month rent
Alex Watts : You only pay the occupation charge beyond the notice expiring of the section 21
Customer:

Great. So they don't have legal right to get any extra rent from me. Even if they don't understand and they do not return my deposit what legal right do I have and how to approach to them? What is most cost effective way to get my deposit back?

Alex Watts : The deposit will be protected so you raise a dispute through the scheme provider. They can adjusdicate for you.
Customer:

Great. Thank you. Thank you for your help

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