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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70401
Experience:  Over 5 years in practice.
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my landlord has given me 2 months notice as he has the house.I

Customer Question

my landlord has given me 2 months notice as he has the house.
I ant to give one month notice but the estate agent has said i must give two.
our contract finished June 2013, e only paid one month deposit, however we signed a letter to say we would lead the property by the 31 so the new people can move in but, it did not say e had to stay until then.
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.

my landlord has sold the house I am renting giving me two months notice.

I would like to give one month but the estate agent said it must be two. My contract with them finished in June 2013 and was not rolling also we did sign a letter to say would leave the property by the 31st so the new people could move in, however it did not say we cold not move out before. Thy have got the one month deposit belong to me in a holding company.

Expert:  Remus2004 replied 2 years ago.
Your AST may have finished but you will have rolled over into a periodic tenancy whether you did anything or not.
You can move out at any time. You don't have to live there at all. However, you are liable to pay the rent until the contract comes to an end.
Normally you do have to give one months notice to end a periodic tenancy without any penalty at all. It depends whether your original contract comments on that at all. The main exception to this rule is where a landlord agrees to accept a shorter period or the original contract demands more. That may be the point the agents are making.
If your contract does demand two months notice then you would be acting in breach by leaving. You really do need to check that here. Normally one month is all a landlord gets at court since a court generally will demand that he takes steps to replace the tenant with another which only takes one month. Here though he is selling so you do not have that protection.
Can I clarify anything for you?
Jo