Question about leaving before end of notice period.

[uberzoldat]

Hi

My brother's landlord has given him the standard 2 months notice to leave his property (assured shorthold), which gave him until the end of July. He has now found another place and intends to move out by the 30th June. From what I understand he does not need to give any further notice to the landlord, or rather the agency dealing with it, but he called today to tell them that he will be vacating by the end of the month and the agency first of all said they would not let him do this, and then changed their mind and said that they require one months notice and he will be liable for the rent until the 13th July.

Is this common practice? Shouldn't he stop being liable for the rent when he leaves the property in lieu of the circumstances that they have already served him notice? This particular agency is not ARLA registered.

Thanks in advance for any advice.

[Nightmare4banks]

Hi all!

uberzoldat,in reply to your post:

1.Your brother is liable for paying the rent to the landlord until the day he moves out.

2.The fact that his landlord has issued a notice does not "let your brother off" paying the rent due.It is due until your brother vacates and in some cases if the fixed term tenancy has not expired the tenant would be liable to pay the rent in full until the expiry date unless the landlord did not object.

3.Your brother should pay the rent until the 13th and make sure that the property is left in a fairly tidy state so that there are no excuses for a dispute regarding the refund of the deposit.Some tenants take photos before they leave the property and get them witnessed by other tenants, friends or relatives.Although,this is not essential but may be a good idea.

Anyway,I hope this helps.

Any questions or you need further help,just ask.

Keep us posted.

All the best!

[uberzoldat]

Hi and thanks for your reply.

If he leaves the property on the 30th June, does he still have to pay the rent up to the 13th July?

He is not trying to get out of paying rent that is due, I was just thinking that if he moves out on the 30th June, shouldn't the liability for paying the rent stop seeing as he is no longer living in that property? And if the landlord had already served the standard two months notice, why shouldn't he be able to leave before that time?

[Rich44]

Personally I would have thought that seeing as he has in effect been told to leave with the necessary 2 months notice that as soon as he has moved out then he is no longer required to pay any remaining rent.

It would be very unreasonable to expect him to stay until the last day before the 2 months are up especially as he has to find somewhere else to live.

So I would say if he moves out on the 30th then thats the day he pays rent up till and not a penny over (assuming he hands the keys back the same day of course and the place is clean and tidy - but that would be an issue of the deposit)

[uberzoldat]

Hi and thanks,

That was my assumption also, but I don't know enough about the official/legal side of things to advise him without checking first.

Can anybody else confirm these thoughts?

[Nightmare4banks]

Hi all!

uberzoldat,in reply to your question:

Yes,he would be liable to pay the rent until the 13th because a tenant must give 1 months notice to vacate.However,there is nothing wrong with asking the agent/landlord to refund the amount of rent paid for between the 30th June & 13th July.


Rich44,mate in my view:

1.this is a matter of coming to an amicable agreement with the agent/landlord.Legally,the tenant should issue the 1 month notice and vacate.
Especially,if the tenant leaves before the fixed term expires and hving been issued with the notice by the agent/landlord.
2.Thus the rent payable should include the additional days.The landlord's notice does not exempt the tenant from rent payments unless the agent/landlord decides as such.
3.Also,do not forgot should the two month notice period expire,the tenant could legally stay in the property until the landlord gets a court order.However due the fact that the tenant has a Shorthold Tenancy the possession order would be absolute in favour of the landlord.

uberzoldat,please answer the following:


What are the start and end dates of your brother's tenancy agreement?

The answer to this question should hopefully assist me to help you further.

Otherwise,as I mentioned above still stands.

Any,I hope you find this information useful.

[Rich44]

I agree an amicable understanding would be best and seeing as the landlord has given him notice the sooner he gets the property back the better for him probably.

As for the months notice on the tenants side i've never had to give this notice when leaving in the past after being served notice to quit and the rent has been stopped the day ive handed back the keys. The way ive always looked at it is a notice to get out BY the end of 2 months not ON the last day of 2 months and its always worked that way for me but maybe ive always had good landlords/letting agents?

I would have thought that as you are under notice to quit that you wouldnt have to give notice to leave as you are already under notice to go.

The odds are the landlord wants you out for some good reason so probably he will be happy the sooner you are gone so its just a case of talking to them and coming to a mutual understanding which suits everyone.

There does need to be some flexibility as renting is a nightmare with notices to quit no real security of not being booted out 6 months down the line and moving is such a pain, finding somewhere else to rent etc. You can never find somewhere to rent that will start in the same day you need to hand the keys back to your old place just never ever happens so some flexibility from the landlord is what you are really looking for and hopefully he will negotiate.

Good luck with it

[uberzoldat]

Nightmare4banks,

The date of the assured shorthold tenancy agreement is 16 Dec 2003 for 6 months.

He has found another place to live and needs to move in there by the 30th June, he just doesn't want to pay rent for a place he is not going to be living in unless there is no other way.

[Nightmare4banks]

Hi all!

uberzoldat,tell you brother to do as I suggested before by paying the rent upto the 13th.However,there is nothing to stop him from asking the agent/landlord for a part refund of the rent although he would not have to legally do so because a tenant should give the agent/owner 1 month notice to vacate.
If the agent/landlord refunds half of the rent amount,your brother should "take it and run."Your brother could say that the agent/landlord could rent the property now to somebody else - just a suggestion.

Anyway,I hope this helps.

If you have any more questions,just ask.

Keep us posted.

All the best!

If you have anymore questions just ask.