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splishsplash

Question About Notice To Quit And Moving Out

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Hi

I'm new to the site and was wondering if anyone can help me with a question about moving out after being served a notice to quit.

We have been living in our rented place for about 17 months. About 3 weeks ago our landlord served as a notice to quit as they are getting divorced and the wife wants the place back for her and the kiddies. Therefore we need to move out by August 17th. We pay our rent on a monthly basis on the 3rd of every month and signed a new tenancy back in Feburary fo a further 6 months fixed term which would therefore finish on the 3rd August. My question is: Can we move out at any time from now until August 17th. We last paid our rent on the 3rd July, so would be due again on the 3rd of August. We have yet to find a new place to live but if we were to find one in the next couple of weeks, can we move out on the 3rd August or do we have to stay and pay upto the 17th August? Also if we were to move out e.g a week early on the 10th August, can we pay only for the extra week we stayed ie: 3rd August - 10th August or would we still be liable until the 17th.

Hope this makes sense....

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the notice is not a notice to quit...its a notice to say the landlord requires possession after that date.

If it was me, id withold the last months rent and look urgently around.

to get you out they need a court order, but if the notice is properly served, you will bear the costs of the court.

I assume the notice had some legal reference...please tell us under what Act they are refering.

Also, do you have a formal AST? that could shed some light to as to the term, compensation etc etc.

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When serving a notice to quit the notice should end on the day before a rent due date. If your tenancy started on the 3rd of the month then the landlord has to give you two month's notice ending on the 2nd of a month (so that you are gone by the 3rd). As Bloo Loo says, once the notice has expired the landlord has the right to go to court to seek repossession but (I believe) should you end up in court he can only claim reasonable costs (e.g. fuel, court fee and not the costs of a solicitor). (Check this at your local court - I find the clerks very helpful).

If he wants you out by the 17th then i suspect that he hasn't served notice correctly -check on the wording in the tenancy.

The judge should be supportive if you have made reasonable efforts to find somewhere else. I believe that they can allow you another six weeks if there are extenuating circumstances, but again, check on this.

I would first of all attempt to build rapport with the landlord - if its a divorcing couple then that may be nigh on impossible. If they were sympathic you could move on to a 'pay as you go' basis for a few extra days or weeks until you have your new tenancy set up (in which case rental becomes payments for 'use and occupation'). Not likely, but possible.

Edited by Reluctant Heretic

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  • 258 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



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