AST, section 21 & leaving early

[puma85]

I'm currently resting a property from a private landlord on an AST.

 

A couple of weeks ago the landlord notified me that she would be selling the property but hoped to sell it to another landlord.

There were a few viewings and an offer made.

 

She has just informed me that the buyer is not looking to let the property so will be sending the section 21 notice giving me two months to leave (her message actually said three months, but the contract says two).

 

My question is can I leave early?

I have a viewing of another property today, and all going well I will make an application.

 

What are my obligations to the landlord once the section 21 has been issued?

 

Can I leave anytime and only pay up to the day I leave?

Or do I need to pay for the next two months rent even if I leave early?

Can i give the landlord my own notice to leave after I receive the section 21 (contract says I need to give one months notice?).

 

 

Thanks!

[45002]

I'm currently resting a property from a private landlord on an AST.

 

A couple of weeks ago the landlord notified me that she would be selling the property but hoped to sell it to another landlord.

There were a few viewings and an offer made.

 

She has just informed me that the buyer is not looking to let the property so will be sending the section 21 notice giving me two months to leave (her message actually said three months, but the contract says two).

 

My question is can I leave early?

I have a viewing of another property today, and all going well I will make an application.

 

What are my obligations to the landlord once the section 21 has been issued?

Can I leave anytime and only pay up to the day I leave?

Or do I need to pay for the next two months rent even if I leave early?

Can i give the landlord my own notice to leave after I receive the section 21 (contract says I need to give one months notice?).

 

 

Thanks!

 

Have a read of this https://england.shelter.org.uk/housing_advice/eviction/eviction_of_assured_shorthold_tenants

 

You only have to leave when a court orders you to or bailiffs remove you and its not a quick process.

https://forums.landlordzone.co.uk/forum/residential-letting-questions/77351-time-to-repossess-statistics?75530-Time-to-repossess-statistics=

 

 

 

AST https://england.shelter.org.uk/housing_advice/private_renting/assured_shorthold_tenancies_with_private_landlords

[mariner51]

If you do not leave by s21 expiry date, he can request Court Order against you, for cost of Hearing (~£350) + Bailiff fees (~£110).

[stu007]

I would suggest trying to negotiating with the present Landlord to leave early

[puma85]

Thanks for the information/replies.

 

Although I think you may have misunderstood my intention, I have no plan to stay longer. I've just put in an application for another property that is available from the 8th.

I want to move ASAP.

 

If I hand in my notice now, how soon can I stop paying rent? Do I pay 1 month from today, or one month from my next 'normal' pay date (the 13th).

Or because shes issued the S21. can I leave at any time?

[Steve__M]

Can I leave anytime and only pay up to the day I leave?

 

No.

 

Or do I need to pay for the next two months rent even if I leave early?

 

You have to give notice. See next answer:

 

Can i give the landlord my own notice to leave after I receive the section 21 (contract says I need to give one months notice?).

 

If the fixed term of the contract has finished then you can give one rental month's notice. i.e. if you pay rent on 20th of month you can give notice on or before 19th of the month to leave on 19th of the next month.

 

As others have said, you and the landlord can agree on a different leaving date. If you do that, get it in writing.

 

Note that even though you don't want to stay you do have some leverage. If the landlord needs to sell property with vacant possession they still have to get you out. The buyer's solicitor will likely advise the buyer that they need you to sign to say you will leave. Any hint that it will be awkward for you to move on the landlord's chosen day will risk them pulling out.

[puma85]

Thanks, It sounds like the best thing to do is to (try) negotiate an early leave date with the landlord.

 

The new property is available from the 8th, and my rent for the current property is normally paid on the 13th.

 

So as it stands, if I give her my notice now, I still need to pay for another full month on the 13th September. Even though I'll be in the new property by then.

[puma85]

quick update:

 

Landlord has agreed to let us leave by the 12th of September (our rent is paid on the 13th).

So the rent we have already paid for August is the last we will pay.

Hopefully moving into new property over weekend of 9th September.

[mariner51]

See, not all LLs are villains, if you ask nicely.

[Steve__M]

See, not all LLs are villains, if you ask nicely.

 

Slightly patronising comment to someone who never suggested their landlord is a villain, and is currently being asked to leave her/his home and might have to pay out a whole load of letting agent fees/removal fees for the privilege.

[mariner51]

No intention of patronising OP, just reflecting many people's opinion of LLs.

In this case LL accepted offer of early surrender on 12th Sept, when he could have insisted on rent to 12th Oct.

Any sale/ purchase/change of Tenancy may result in a cost overlap for purchaser/new T.

OP can only offer legal early surrender beyond AST/SPT provisions.