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Donna000

Been Served Notice 21 But Could Leave Now.

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Been living in a house for 18 months. Had no plans to leave. Landlady has served notice 21 for me to leave 7th June. She has suddenly decided to sell. Fair enough. She has followed correct procedure.

However, an opportunity has arisen where I can move in to a new house within the next few days. If I dont accept it will be gone by June. I said that to the landlady but she says she wont refund deposit as she would require 2 months notice.

But dorr, I wasn't the one who wanted to leave.

Where do I stand legally. Surely if a landlord gives notice a tenant should be allowed to leave before the date on notice.

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What sort of contract are you in? The usual contract lasts for a year and then it just rolls over month by month. If this matchs your situation then your landlady is required to give you 2 months notice and you are only required to give 1 months notice.

What she "requires" is irrelevent.

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Been living in a house for 18 months. Had no plans to leave. Landlady has served notice 21 for me to leave 7th June. She has suddenly decided to sell. Fair enough. She has followed correct procedure.

However, an opportunity has arisen where I can move in to a new house within the next few days. If I dont accept it will be gone by June. I said that to the landlady but she says she wont refund deposit as she would require 2 months notice.

But dorr, I wasn't the one who wanted to leave.

Where do I stand legally. Surely if a landlord gives notice a tenant should be allowed to leave before the date on notice.

Sorry I dont see your point

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The tenancy can only be brought to an end on the end date of any period (normally the last day of a rental period) or by mutual agreement of both parties at another date. However, your landlord is coming it, I presume if she is serving notice that you are out or about to be out of the contractual term, in which case you could serve 1 months notice (you can't end the tenency before the contract has lapsed though). Only your landlord must serve 2 months. If your tenancy agreement ends after 31st april or has already ended get in quick and serve the 1 months notice and you can bring the tenancy to and end on the end date of a rental period and have served her with valid notice.

Hope that makes sense.

Actually as she has served for it to end 7th june I guess the contact is either up on 7 june/7 may.... so if its up on 7 may or before get in now before 7th april with your 1 month notice and stuff them.

Edited by zebbedee

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Where do I stand legally. Surely if a landlord gives notice a tenant should be allowed to leave before the date on notice.

Nope (although your notice requirementis one month, not two), but...

The landlord has no right to arange viewings for potential purchasers whilst you are in possession of the property; bring this to her attention (alongside the fact that you will enforce your rights) and this might prompt her to reconsider.

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If your fixed term has ended, then YOU only need to give 1 months notice. This must coincide with a rental period, which is normally the day you pay the rent.

In this case it seems your rental period is the 7th of each month? If this is so, you can now give notice to leave on the 7th May. You can, of course, leave whenever you want, but you will be liable to pay rent up until this period.

AFAIK a landlord can't withhold your deposit over disputed rental payments. The deposit should be held in an approved scheme and your landlord can only make a claim on your deposit to cover damages.

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She's given you your 2 months notice. You can leave sooner than that by giving one months notice if you want, just as you could at any point during the rolling month tenancy you entered after your initial 6 months. Bear in mind the end date of this months notice will need to be the day of the month on which the tenancy started, it wont just be a month after the day you give notice.

Most will try and sell the property while you are still in it, so it could have been worse. She will have one hell of a void period trying to sell now without keeping a tenant in, hey ho, that's property 'investing'.

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Nope (although your notice requirementis one month, not two), but...

The landlord has no right to arange viewings for potential purchasers whilst you are in possession of the property; bring this to her attention (alongside the fact that you will enforce your rights) and this might prompt her to reconsider.

Or come to a deal with the landlord. I'm in that situation, and my landlord offered (without me even saying anything) a discounted rent for the inconvenience of it all and possibly having people looking around. Both sides happy there, particularly as I rather suspect he's more deluded than most about what he'll get for it, so the odds of there being many viewers are hopefully not too great. That said, knowing my luck some fool will probably turn up in a week and offer the full asking price :(

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  • 312 Brexit, House prices and Summer 2020

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