Leaving Before End of Notice Period

[rpaterson01]

My husband and I have lived in our rented house now for 2 years, it was initially on a AST for 6 months and is now on a periodic tenancy.

We received a Possession Order under Section 21 and were given 2 months notice to leave. The reason being is that the landlord is selling the property we are in.

We have now found a property we like and is ready for us to move into. On three occasions we have asked our managing agent and they have said that we are free to move now at any time without having to provide any notice.

Today my husband called them to affirm that we are moving out this weekend, he also took a letter in to them. At this point now we have been told we have to provide a months notice.

As far as my knowledge goes I was under the impression that as we had received our notice of 2 months we could leave now at anytime.

Could someone please confirm for me what the correct information is?

Thank you very much

[blacksheep1979]

you can always leave at any point, however you have to pay the rent for xyz period until you have met the terms and conditions of your contract. Have you any letter or other form of proof that you were told you can move out without any notice?

[MrShed]

If they have given notice, you can leave at any time without further financial liability.

[rpaterson01]

Now I am really confused because the two posts are conflicting

If it is any clarification our next rent does not become due until 28th February so we would not have any outstanding financial commitments to the landlord.

[MrShed]

As long as you are out of the fixed period, then you can leave at any point after notice is served. The landlord cannot on the one hand give you notice to leave, and on the other tie you in for that time. Blacksheep has just got it wrong - sorry BS!!

[Nightmare4banks]

Hi all!

rpaterson01 in reply to your initial post and to just add:

I agree with Mr.Shed here because the landlord has issued the notice and you are complying with it - nothing more and nothing less.

[rpaterson01]

Thank you everyone.

We have received a letter from the Managing Agent today saying this:

"Thank you for your letter. Unfortunately the law is that the notice period from the landlord to the tenant is two months. If the tenant wishes to vacate before the expiry date of that notice one months notice is required."

Verbally they have told my husband that if we leave we won't get a sniff of our deposit back.

So I'm a bit resigned at the moment just to give them the months notice.

In the letter he mentioned there is a clause in our tenancy agreement that allows viewings, the only mention I can find of this in my agreement is this:

"During the last two months of tenany, upon a minimum of 24 hours prior written notification, to permit the premises to be viewed during working hours and or at other reasonable times including at weekends by prospected tenants or purchasers"

[MrShed]

You dont have to allow them in the property period. If they withhold your deposit without due cause, sue em!!

[rpaterson01]

This is the current plan at the moment:

Give 1 months notice to current managing agent.

Pay deposit and rent on other house so we don't lose it (landlord wants us in within the next week)

Move stuff from old house to new house

Don't pay the rent for the current house and tell managing agents to take this out of security deposit

[knoxvillain]

Inform them of when you intend to move out (not 1 months notice)
Pay deposit etc for new house
Move
Request return of deposit (14 days)
LBA return of deposit (14 days)
Issue small claims action for deposit