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Confusion regarding Section 21 notice

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615 views 1 replies latest reply: 04 September 2015
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Tenant

Hi,

I am living at the property rented on 20/09/2014 & contract is going to finish on 19/09/2015. In the signed contract, it says we are liable to give 2 months notice period to the landlord. We were in the process to renew the contract & some other aspects. Hence we didn’t serve notice until 31/08/2015. On 01/09/2015, I received an email from the agency stating landlod no longer wants to renew the contract so they are sending section 21 notice to us. This notice is giving us 2 months & 5 days which is 06/11/2015. However, our contract is goin to finish on 19/09/2015. Can we leave this property after 19/09/2015 & before 06/11/2015?

The agency people are saying if we vacate the property before 06/11/2015 then we have to pay full rent until that date. They are saying the fixed term contract doesn’t finish just. There has to be something in writing. Also they are saying as the term ends after the end date of contract (19/09/2015), they need to serve 2 months and 5 days notice.

Is this right? Can we leave the property after 19/09/2015 & before 06/11/2015 with all rights?

Thanks in advance.

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Administrator

Hi Ankit

What does your tenancy agreement say about giving notice? Normally, tenants can simply leave on the last day of the tenancy BUT if your tenancy agreement requires you to give notice then you need to give notice or you will be in breach of the tenancy agreement and liable for the rent. 

I’m dubious about the notice period being 2 months ‘and 5 days’ however – most notice periods are just 2 months. Again, your tenancy agreement should state what notice you need to give so check the notice provisions in that document to be sure.

Alex

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