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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice.
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Hypothetical question regarding a contract between Landlord

Resolved Question:

Hypothetical question regarding a contract between Landlord and Tenant. The contract states that either the tenant or landlord must give 1 month's notice to vacant the property. So if the landlord serves notice and instructs the tenant to leave, the tenant has 1 month to find alternative accommodation. If the tenant finds alternative accommodation but wants to leave BEFORE the end of the month's notice period, does the landlord have the right to charge rent till the end of the month's notice period...or only up until the time the tenant vacates the property.
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 full question is above.

Customer: replied 2 years ago.

So if the landlord has already served notice to the tenant....can the tenant leave the property any time up until the end of the month's notice period....or do they HAVE to stay till the end of that month notice period?

Expert:  Remus2004 replied 2 years ago.
No, the tenant can go whenever he likes but he is liable to pay up until the end of the notice period.
The only way to escape liability earlier is to serve tenant's notice of one month on or before the rent date. Whether that ends the agreement earlier depends on the date of the landlord notice.
If the rent is due on the 1st of every month and the landlord serves notice on the 15th to run for two months from the following 1st then the tenant can serve one month's notice on or before the 1st.
If the tenant does not do that though and relies on landlord notice then he is liable until it expires.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Relist: Other.
they have not responded yet to my question
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
I see you have relisted this - what else do you want to know?
Customer: replied 2 years ago.

So the landlord still has the right to claim for at least a month's rent after he/she has served notice to the tenant? I am asking because I thought that as soon as a landlord has asked the tenant to leave, they effectively end the contract between the tenant and the landlord, so then the tenant can leave any time without being liable to pay any rent beyond the date they moved out?

Expert:  Remus2004 replied 2 years ago.
Sorry about the interruption above.
Yes, the landlord is able to do that.
A tenant cannot just leave without liability I’m afraid.
Expert:  Remus2004 replied 2 years ago.
A tenant has to give notice and be liable until it's expiry. He can rely on landlord notice but he is still liable until that expires.
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70416
Experience: Over 5 years in practice.
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