No Muggy Bear Posted March 16, 2009 Report Share Posted March 16, 2009 I was wondering if any of you know once a landlord has given notice (he wants to sell up) do I still have to give him a months rent notice when I move out? I have over two months but have seen something to rent and want to move asap. Would I still have to give them a months notice even though they have given me my marching orders? Would be unfair! Any advice would be gratefully received! Ta. Quote Link to post Share on other sites
Radge Posted March 16, 2009 Report Share Posted March 16, 2009 If he's given you notice, you don't have to give notice. Quote Link to post Share on other sites
Nationalist Posted March 16, 2009 Report Share Posted March 16, 2009 If he's given you notice, you don't have to give notice. Are you sure about this? I would have thought that if a LL has given more than 2 months' notice and you want to leave sooner you need to give counter-notice of a month. Quote Link to post Share on other sites
nickincash Posted March 16, 2009 Report Share Posted March 16, 2009 Yes I would have thought you would have to give notice to move out earlier. Are you sure he has served a valid notice - it has to be done in a particular way otherwise it doesn't count. The date of quitting must be the last day of a rental period so for a monthly rent the notice period can be up to nearly 3 months (for a normal AST). Quote Link to post Share on other sites
No Muggy Bear Posted March 16, 2009 Author Report Share Posted March 16, 2009 Hi thanks for your responses so far. Yes he has issued a housing act blah blah 1988 letter so I assume its official. Wanted to move anyway so I thought this might work in my favour not having to give notice myself if you see what I mean Quote Link to post Share on other sites
eek Posted March 16, 2009 Report Share Posted March 16, 2009 Hi thanks for your responses so far.Yes he has issued a housing act blah blah 1988 letter so I assume its official. Wanted to move anyway so I thought this might work in my favour not having to give notice myself if you see what I mean Ask in the renting forum. There are some clueful people in there that don't read the other bits of this site. Quote Link to post Share on other sites
OnlyMe Posted March 16, 2009 Report Share Posted March 16, 2009 Don't forget you have a bargaining point - you are entirely within your rights to refuse any viewing in the interim period. If you want to move and the landlord wants to sell then agreement (in writing) that you will allow viewings during the official notice period whilst looking for alternative accommodation and at the date that you find alternative accommodation and move out you cease to pay rent, whenever that may be before the LL's notice. Quote Link to post Share on other sites
Te Mata Posted March 16, 2009 Report Share Posted March 16, 2009 There has been a lot of discussion on this over at LandlordZone. As far as I can make out, yes you do have to give the proper notice if you want to move out prior to S21 expiring. Once s21 expires you can bolt anytime. One point; Many LLs issue an s21 notice at the beginning of the tenancy. Check your documents, because if so (and your fixed term lease has finished, therefore s21 expired) you can move out anytime. Quote Link to post Share on other sites
PotNoodle Posted March 16, 2009 Report Share Posted March 16, 2009 There has been a lot of discussion on this over at LandlordZone. As far as I can make out, yes you do have to give the proper notice if you want to move out prior to S21 expiring.Once s21 expires you can bolt anytime. One point; Many LLs issue an s21 notice at the beginning of the tenancy. Check your documents, because if so (and your fixed term lease has finished, therefore s21 expired) you can move out anytime. Yes, agreed. A lease has an expiry date to which both parties are held. The property hands over on that particular day. Notice period expires on a particular day and ends the lease for both parties. Rent is required until the day of handover and tenancy is required until the day of handover, thus binding both parties to the agreement. Within the two month notice to quit, one month can be given by the tenant. Agreed also that if a "Sword of Damocles" S21 was issued up front, then after set AST, tenant may leave without any notice, quoting the landlord's S21. Quote Link to post Share on other sites
gilf Posted March 16, 2009 Report Share Posted March 16, 2009 It seems that you issue is whether you can leave earlier than the 2 months notice the landlord has given, simple answer is yes if you get agreement from the Landlord. Personally I would phone him up and say you have found somewhere else so you can move out and he can sell the place quicker. Quote Link to post Share on other sites
No Muggy Bear Posted March 16, 2009 Author Report Share Posted March 16, 2009 Looks like the landlord is pretty keen to sell, so like gilf says, it seems it will work out in my favour that he'll let me move sooner and waive the notice period. Bonus! Thanks for your advice everyone. Quote Link to post Share on other sites
PotNoodle Posted March 16, 2009 Report Share Posted March 16, 2009 It seems that you issue is whether you can leave earlier than the 2 months notice the landlord has given, simple answer is yes if you get agreement from the Landlord. Personally I would phone him up and say you have found somewhere else so you can move out and he can sell the place quicker. Hmm.... I was hoping for a long, satisfying thread, full of intricate legal argument and technicalities. This human, practical, approach (actually *talking* to each other !) is going to put lawyers out of work, gilf. Harrummmphh.. Quote Link to post Share on other sites
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