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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7509
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I have been given a S-21 by my landlord a month ago. I have

Resolved Question:

I have been given a S-21 by my landlord a month ago. I have only just found a place and given her my notice. She is now saying that I need to give one months notice to end my tenancy and will have to pay my full rent for July even though I am moving out in 2 weeks. Can she legally do this? Do I have to legally give her one month notice even though she has given me notice already?
Submitted: 6 months ago.
Category: Property Law
Expert:  Thomas replied 6 months ago.

Hi,

Thanks for your question.

What is or was the fixed term of the tenancy?

Tom

Customer: replied 6 months ago.
This was a one year tenancy that has now turned into a month to month tenancy.
Expert:  Thomas replied 6 months ago.

Hi,

Thanks.

What date do you wish to leave?

What date does the s21 notice expire?

Tom

Customer: replied 6 months ago.
The landlord gave the June 3nd with an expiry of Aug 2nd. I have a move in date of July 9th for my new flat.
Customer: replied 6 months ago.
She is now saying that even though she gave me the s21 I still have to give a month notice before leaving. And is making me pay the full rent for July.
Expert:  Thomas replied 6 months ago.

Okay. Is the monthly rent period from the 3rd of a given month to the 2nd of the following month?

Customer: replied 6 months ago.
Rent is due the 4th of each month
Expert:  Thomas replied 6 months ago.

Thanks. Drafting your reply now. 5-10 mins please.

Expert:  Thomas replied 6 months ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

Because the tenancy is now a statutory periodic tenancy, the landlord must give two months clear notice with such notice to expire at the end of a rent period. As tenant, you must give one months notice with such notice to expire at the end of a rent period.

So, the earliest that you could serve a valid notice would be to expire 2nd August. This is the only other expiry day of a rent period would be 2nd July, but of course you cannot serve one months notice to expire on that day because we are so close to it. Therefore, the earliest valid notice that you could serve would be to expiry on 2nd August.

So, because of this you would be bound to pay the rent for the rest of the notice period (whether relying on the notice that your landlord has served, or any notice that you serve).

I’m afraid that the landlord is correct in that you will be bound to pay the rent even though they have served a notice expiring on 2nd August because you cannot serve a valid notice that expires any earlier than this date.

I am sorry.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.

Kind regards,

Tom

Customer: replied 6 months ago.
I have been given advice different from this.You are saying that I have to give a months notice even though she has already given me notice.
Customer: replied 6 months ago.
Can I do mutal surrender?
Expert:  Thomas replied 6 months ago.

Hi,

I am not saying that you HAVE to give a notice, just that the earliest notice that you could give is not any earlier than the notice that the landlord has served and this is why you have to pay the rent.

If you could serve a valid notice which expired earlier than the landlord's notice then you would only have to pay rent up until that valid alternative notice expires. But this is not an option.

You don't have to serve a notice now, because you can simply leave on the 2nd of august relying on the landlord's notice.

You can only do a mutual surrender with the landlord if they agree and doubtless they would request a fee is paid for this. You can consider offering them a sum of money to do this and hope they agree and see what happens.

Please do remember to leave positive feedback.

Tom

Expert:  Thomas replied 6 months ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback.

Kind regards,

Tom

Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7509
Experience: UK solicitor holding an England and Wales practising Certificate.
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