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cfcboy

Tenancy Expiry Help

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Hi,

My tenancy expires on the 20th of July. I have a few queries if I may:

1. As part of my contract It say I must give 2 months notice. Does this mean I wont be able to move out of the property until the 20th September? Will I aslo have to pay rent during this period? Would I not be able to just walk away after the expiry date??

2. If I propose to my landlord he keep the 2 month deposit can I walk away on the tenancy expiry date?

3. If I keep the final rent back from my landlord incase there are any disputes with the deposit, can he take lega action against me?

Sorry to sound dumb but im kind of new to this.

Thanks in advance

cfcboy

Edited by cfcboy

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Hi,

My tenancy expires on the 20th of July. I have a few queries if I may:

1. As part of my contract It say I must give 2 months notice. Does this mean I wont be able to move out of the property until the 20th September? Will I aslo have to pay rent during this period? Would I not be able to just walk away after the expiry date??

2. If I propose to my landlord he keep the 2 month deposit can I walk away on the tenancy expiry date?

3. If I keep the final rent back from my landlord incase there are any disputes with the deposit, can he take lega action against me?

Sorry to sound dumb but im kind of new to this.

Thanks in advance

cfcboy

My tenancy is also expiring soon, this is what i have found...

You will have signed an assured shorthold fixed term tenancy agreement (probably 1 year) which will mean you have to give either 1 or 2 months notice (i'm still trying to understand which myself, even though the contract says 2 months) during this period. Once the you get to the end of the term, the tenancy will roll over into a periodic tenancy agreement which you would have to give a minimum of 1 months notice or longer if you pay your rent every two months or more for example.

In reply -

1. No, you only have to pay until the end of your tenancy, which is the 20th July. If you want you can leave on the day your tenancy ends and The landlord although he might not be happy must still return your full deposit. But as mentioned above, if you stay without signing a new contract it will turn into a month by month contract. So at this point you could give 1 months notice and pay the rent just for that month.

2. Yes, but you don't really want to do that. You only have to give one months notice now, so the landlord would owe you 1 months worth of deposit.

3. Probably but unlikely that he will. I've done this a number of times myself (i've always kept the places i've lived in, in good condition) where the landlord has appeared a bit dodgy.

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My question is quite similar as our tenancy ends on 27th August, but the difference is we have not found anywhere to live yet and good properties are thin on the ground here. Does anyone know what rights we have i.e. do we have to leave on 27th August or can we stay if the landlord has not given us 2 months notice. They have written to us to say they are coming back to the UK and want their property back at the end of the tenancy. My question is does this letter consitutute the 2 months notice or would the 2 months notice start from when the tenancy ends?

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My question is quite similar as our tenancy ends on 27th August, but the difference is we have not found anywhere to live yet and good properties are thin on the ground here. Does anyone know what rights we have i.e. do we have to leave on 27th August or can we stay if the landlord has not given us 2 months notice. They have written to us to say they are coming back to the UK and want their property back at the end of the tenancy. My question is does this letter consitutute the 2 months notice or would the 2 months notice start from when the tenancy ends?

If you recieved the letter from them telling you they want the house back 2 months before the end of your tenancy i.e. on or before the 27th June, then then they have given you the required notice. If they sent the letter, say only a month ago, then the two months notice would end on the 27th september and this is when you would have to move out.

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My question is quite similar as our tenancy ends on 27th August, but the difference is we have not found anywhere to live yet and good properties are thin on the ground here. Does anyone know what rights we have i.e. do we have to leave on 27th August or can we stay if the landlord has not given us 2 months notice. They have written to us to say they are coming back to the UK and want their property back at the end of the tenancy. My question is does this letter consitutute the 2 months notice or would the 2 months notice start from when the tenancy ends?

A general letter won't do. They need to issue you with a Section 21 notice requiring possession. This needs to give you two months notice. The earliest this notice should expire is after the last day of your fixed term. If (including "reasonable" delivery time) the S21 didn't arrive in time to give you two this months notice then it's invalid.

You can stay on past the S21 expiry date but I would not do so myself. If you do this then 1. You muck up your reference from the landlord. 2. You will be liable for the landlord's costs. What the landlord will have to do to get you out is to apply to the court for a possession order. Then if you still don't budge he gets to send the bailiffs round to physically remove you. It's hard to say how long this will take, it depends on the courts waiting time, but it's typically the regions of two months ish.

Edited by Elvis-Has-Sold-The-Building

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Thanks Elvis, that is what I thought, although we don't want to stay past the expiry date anyway as know it will cause problems. Hopefully we will find somewhere and if we need to stay a little longer will try and appeal the landlords better nature.

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  • 301 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% +
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      • Even
      • up 2.5%
      • up 5%



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