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Landlord's Notice to Leave the property

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85 views 1 replies latest reply: 25 October 2016
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Tenant

Does Landlord’s Notice to leave the property with the date of leaving is actually the End of Tenancy date? We left the property earlier then it was said in the Notice and in the Notice it says you can surrender earlier but it doesn’t say what you have to pay. We paid for the whole month as usual but the date of this Notice to leave falls on 2 days after the usual monthly rental and the landlord charged for those 2 days even though we left a week earlier and he agreed to our earlier surrender but never asked for 2 days then but took it from our deposit. We never signed any new agreement after our Tenancy agreement finished on 21st July – we never even formally confirmed their Notice to Leave. Our assured shorthold Tenancy finished on 21st July and the Notice to Leave date was 23rd Aug. We paid up to 21st Aug. We left the property on 17th Aug. We don’t know what was legally the end of our Tenancy and do they have legal right to ask for those 2 more days rent? 

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Tenant

Does your landlord’s notice end date is the tenancy end date ? – No. The tenancy ends when you give back the keys to the property (with your stuff moved out) and your landlord accepts is. This is called tenancy surrender.

The notice to leave simply expresses you to surrender the tenancy. It DOES NOT end the tenancy on it’s own and you will continue to be a legal tenant of the property until council bailiffs walk you out after a long eviction procedure involving the courts. 

Can your landlord give you notice that ends two days after the tenancy period ? – No. During a periodic tenancy, which I believe yours is, the notice to leave must be given with regards that it ends on the last day of the tenancy period, so that tenants don’t have to pay rent or a single or a couple of days. 

Can your landlord discount for days you have not been in the property ? – No. If you gave the keys back on the last date of the month, you effectively surrendered the tenancy on before a new month has began and have thus paid for the entire duration of your stay. Your landlord is not entitled to this rent, as the notice to leave doesn’t force you to move out on it’s last day. You can move out earlier and not owe rent. 

Dispute this deduction immediately with your tenancy deposit scheme. 

Here is more information:

http://www.thetenantsvoice.co.uk/advice_from_us/deposit-protection-schemes/

http://www.thetenantsvoice.co.uk/advice_from_us/deposit-disputes-3/

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