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Still paying rent after moving out


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Hi,

 

I recently moved out of a room I was renting in a shared flat. I gave what I thought was supposed to be one months notice about a week before my contract ended. After giving my notice my landlord informed me that it was supposed to be two months notice and I would have to pay rent until they found a replacement tenant for the second moth. I then told the landlord that I would stay for the two months. He said that I can't stay two months as he wouldn't be able to find a new tenant that close to Christmas. After I emailed him telling I would be staying for the months if there's a chance I would have to pay for it anyway he replied saying I was messing him around and I should move out immediately. After this I phoned him and we agreed that I would move out in two weeks.

 

It has now been 10 days since I moved out. I have emailed him several times about my deposit and still haven't had any reply. Where do I stand with this? My contract does say that I should give two months notice but then he said I couldn't live there for the two months and to move out immediately. Is it worth using the ADR of the deposit protection scheme or should I just accept that I won't get my full deposit back?

 

Thanks.

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What does the tenancy say? If you are one person in a shared flat then someone has the head tenancy and will be responsible for everyone else. If it is a HMO then that is different and you will have an individual tenancy agreement. Where is your rent book?

If you give notice and it is required of course you can stay there until the expiry date otherwise you have been unlwfully evicted. Speak to Shelter about the exact requirements for HMO's but I bet that it is being done incorrectly at best and unlawfully at worst. you have a lot of leverage if you can but use it so knowledge is power.

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I assume you had a sole AST for 1 room with facilities shared with others, for6 month fixed term, recently ended.

I can't read you ASY T&Cs from here but it is most likely the 2 month Notice could only apply during fixed term and you could have left on last day of FT without any Notice. Thereafter only min 1 month Notice would have been required. Normally Ts cannot give NTQ during fixed term.

If you are willing to stay for 2 months because rent is demanded, why did you give Notice when you did?

LL is as clueless as OP IMO

I assume rent was payable pcm month and not weekly, so no rent book required.

Unlawful eviction? doubtful as OP gave NTQ and vacated T voluntarily. T NTQs are not rescindable.

Without exact dates & AST T&Cs, it is difficult to be more precise on rent in lieu of Notice.

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