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Tenant requesting to leave early after landlord gives notice

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My family were given 6 weeks notice by our landlady that she would require her property back due to a family situation. The date she wanted the tenancy to end was the 10th December with was our rolling renewal date as we were out of the 12 months term. As it was close to Christmas and we have 2 very young children we decided we would rather move asap and started looking for somewhere else straight away. (I didn't know at this point that she should have given us at least 2 months notice) We found a property and I told the landlady that we would like to move out on the 27th November and pay rent up to this date, then we were unable to hire the van we needed for that date and had to change the moving date to the 22nd November. When I told her this she said she would have accepted payment to the 27th but not the 22nd as that wasn't enough notice, and stated that we were liable to pay rent up until the 10th December. I then found out that legally she should have given us 2 months notice, and wrote to her he explaining that as she hadn't given us the correct notice her self and wanted the house back anyway surely she could be more flexible. She replied stating that she would be willing to split the difference in rent due to the 10th December, which would have cost us a lot more then if we'd just had to pay her to the 27th which she said she'd accept in previous correspondence!

 

As it stands now I have paid the rent up to 22nd November which was the date we moved out, she hasn't yet paid back our deposit and is waiting for our response regarding what she considers the outstanding rent (approx £180). I posted the keys through the letter box on the day we moved out as we were moving quite far away and would not be able to go back to meet her at the property to hand over the keys, I made her aware of this and sent her a message after I left telling her I had done so. I know she went in to the property that night to collect the keys and check the house, she also contacted the utility companies to tell them we had moved out.

 

What I would like to know is does she have any legal right to claim anymore rent from us from the date we moved out? I do not think we should have to pay her anymore given the circumstances, but need to know my facts before I contact her again.

 

Many thanks in advance.

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correct she should of given you two clear months notice and you would have been liable for rent up to that date; from what you say would have taken you beyond the 10th December. did she give you a section 21 notice of repossession? You could have stayed beyond that date anyway, only a court order can get you out, and that can take a few more months.

so in fact moving on the 27th November saved you money as she accepted that as the contract end date. however I tend to agree that in fact you helped by leaving early as you could have stayed way beyond the 10th quite legally.

perhaps a case for splitting the difference?! to save a protrated argument.

You should claim deposit back from the scheme asap and they will inform LL to find out about deductions if any and then they should release.

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"What I would like to know is does she have any legal right to claim anymore rent from us from the date we moved out?"

 

In Law, yes. Despite you being misled by her invalid 6 wk Notice to move on 10 Dec, you decided to accept the date, but for sensible reasons decided to inform her your moving date would be 27 Nov, (you do not say if she agreed to 27th?). In fact you moved on 22 Nov for van reasons. I assume you have paid rent for 11 Nov - 10 Dec, which was due in full on 11 Nov (not part refundable unless at LL discretion). In effect LL offered you early surrender from 10 Dec which you accepted but vacated 18 days early. Posting keys through property letterbox does not costitute surrender in Law nor terminate the T on that date. LL has offered 50% rent refund for period 22 Nov-10 Dec or 27 Nov - 10 Dec (?)

Your omgoing negotiiations should include observations that LL cannot serve NTQs only s21 Notice to seek repo, which served at same time would not expire until 10 Jan13, with approx another 2-4 months for hearing & bailiffs, thus saving her denied access until repo Order enforced & potentially £275 in Court fees.

As a final position accept rent is due to the 27 Nov

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She did not serve an S21, she just told us by phone then followed it up with a hand delivered letter. She did in a text message say she would have accepted rent payment to the 27th November but then changed her mind when I said we needed to move on the 22nd and tried to push for the full amount until the 10th December, then after I wrote to her she then mentioned about splitting the difference, however this is more then if we'd just paid until the 27th, can she go back on this? At the moment the rent has been paid up until the date we moved out being the 22nd November.

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Repaet what I said earlier and with M51,

liable at least to 27th if she agreed in writing to that date, maybe stuck with the 10th if goes furter.

settle for the best deal you can.

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