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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am currently renting a property through an estate

Customer Question

Hi,
I am currently renting a property through an estate agent and, as I have not renewed my tenancy agreement, am on a periodic basis. I have been issued with a section 21 (4)(a) on 29 May`15 stating that owner requires possession of the property on 31 July`15 (Which is fine).
Here`s the problem,
I have since managed to secure a property which available for me to occupy on 14 June`15, which is 2 weeks from now, and the landlord is expecting me to pay a full months rent for June at the current property? Surely I do not have to give a months notice as I have been given 2 months notice from them?
Please advise...
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
I assume your tenancy agreement does say 1 months notice?
Customer: replied 1 year ago.

This is the response from the Estate Agent:

"You are entitled under the terms of the AST which is now on a periodic basis to give the landlord 1 months’ notice of you wish to end the agreement and leave. The fact that a Section 21 was served does not absolve you or the requirement to provide a month’s notice though it does mean the tenancy will end before the date that the landlord intended to seek possession. I know of no case or precedent that means that because a Section 21 has been served that you can choose to end the tenancy whenever you feel like without the months’ notice required.

Under the terms of that agreement rent is due up until the end of the last month. Only the landlord is able to say the he accepts an earlier end date requested by a tenant that may mean pro rate rent is acceptable."

Expert:  Ash replied 1 year ago.
Thank you. Its bad news I am afraid, the contract requires you to give 1 months notice. The contract is a rolling monthly contract but you are required to give 1 months notice. The landlord is required to give you 2 months notice.
Therefore sadly you need to give 1 months notice, even though the Landlord has given you notice to leave. The Landlord may release you early, but is not contractually obliged to.
I am sorry if this is not the answer you want and certainly not the one to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

No thanks I just wanted to do what is right.

Thanks

Expert:  Ash replied 1 year ago.
I am sorry.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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