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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 1325
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I have given notice to leave my rented accomodation but my

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I have given notice to leave my rented accomodation but my land lord has asked me not to use the property, do I have to pay the final months rent even though I dont have access to the flat ?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have the email thread saved
JA: Where is the flat located?
Customer: southampton in Hampshire
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The land lord has stated that there is a travel lock down for three weeks but this is not the case as I am an essential worker

 

Hello my name is Ross and I will be the expert assisting you with this matter today.

 

please note there may be delays between messages as the experts on this website are all third party and are not on here full time.

 

Thank you.

Given the current situation are you wanting to stay there until your time is up or are you quite happy to move at this point?

Customer: replied 4 days ago.
I would move right now but I have personal belongingings in the annexe flat as the notice I have given is on or before 24/4/20 but I am working from home in Wirral and I am on annual leave from 9/4/20 to well past 24/4/20 so I wont even be there now
Customer: replied 3 days ago.
please will you advise of my position on this matter asap please

Hello my apologies for the delay. As I am sure you can imagine you things have been rather hectic these last few days and I hope you are well. I am just going to write up an answer now.

So as you have given your notice to the landlord in accordance with your rental agreement then you legally have the right to enter the premises, the landlord CANNOT stop you from doing so. In fact, they shouldn't be in the premises without your permission and you can enforce this legally. However, if they have made it impossible for you to get into the house then you have every right NOT to pay the final month's rent as they are breaching the contract. If you are not allowed access and you (rightly) refuse to pay the last months rent then there is the possibility that they will attempt to keep your deposit, however, you will be notified about this by the holding agency and you will have the right to raise a dispute with them. Additionally, if it turns out that your deposit has not been registered with a deposit scheme then this will just spell further legal issues for the landlord, who can be fined up to 3x your rent amount for failing to register the deposit. You would also be in a position to raise legal action. If this was required then you could do this yourself simply by raising a small claims procedure with the court.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

 

https://solicitors.lawsociety.org.uk/

 

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Kind regards

 

Ross

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