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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10775
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I am currently renting a flat privately and signed an Assured

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I am currently renting a flat privately and signed an Assured Shorthold agreement in 2010 which was for 12 months, but not signed anything else since. My contract started on 12/7/10 and I pay my rent on 12th of each month. I have spoken to my Landlord and Letting agency on 19th Dec and advised I was planning on moving out on 23rd January. The Agent have advised me and the landlord that I am in contract until 11th Feb and will have to pay my rent up to then. I have already agreed to move into my new property from 23rd Jan so this will mean I will have to pay 2 lots of rent for a couple of weeks. Is there anything I can do?

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

As the fixed term of your Tenancy has expired, you are on what is called as a periodic tenancy. Under such tenancy, a tenant has to give the Landlord one month's notice, such notice to expire on the day of the month before the rent is payable (ie the 11th).

Therefore, I am afraid the Agent is correct in that your Notice to leave on 23rd January is invalid, in that as you have not given a clear one month's notice, and the Landlord is entitled to the rent up to 11th February.

You could of course vacate early, but if you do, without paying rent up to 11th February, your Landlord could legally pursue for the unpaid rent.

I am sorry this is not the answer you were looking for, but it sets out the legal position.

Kind Regards


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