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Moving out on a rolling agreement

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397 views 1 replies latest reply: 17 January 2017
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Tenant

Hello,

We are currently on a rolling agreement with the tenancy running out every 5th of the month.

We emailed our landlord on January 4th stating that we will be moving. However, due to my partner’s work, we hoped to stay beyond the 5th and into the 17th of February. 

We are already set to move into our new place on Feb 22. 

We didn’t use the words “month’s notice”, as we saw that it was implied, especially as we mentioned the need to leave after Feb 17th. 

We received an email from our landlord stating that our tenancy will end on March 5th but that they will endeavour to arrange an earlier date for the new tenants to move in, providing they can. If they cannot, we are expected to pay until March 5th. They stated that this is because we mentioned staying on in February. This is after we already explained in a separate email that the Jan 4th email served as our month’s notice and explained our situation regarding being unable to stay on until March 5th. 

I would just like to add that we’ve always had a very good relationship with them and that they’ve always been very reasonable with us. Therefore I am a bit taken aback by the situation and am wondering if perhaps I am mistaken to think that this is not right. 

Another thing that may be good to add is that when we were set to first move in, the previous tenants needed to delay their moving out date a couple of times and we accepted the wait, delaying our own moving-in date by a few weeks. 

Your advice would be much appreciated. 

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Tenant

Hello, 

Unfortunatel, you have misunderstood how to properly end your tenancy. Let’s take things step by step: 

Periodic tenancies can be ended with a one month’s notice. This notice is usually served in free form, so an email is just fine. However, the notice must end on the first or last day of your tenancy period. 

In your case, your notice must either end on the 4th or 5th FEB. Provided you want to stay longer the period is extended until 5th of March. 

Your landlord is right to expect you to pay until the 5th March, but they offer to terminate the agreement earlier if they find another tenant.  To me personally, this is completely reasonable. Tenants are not entitled to walk out at any given moment.

I suggest you help the landlord out and try to find a replacement tenant that can move in around the time you want to move out. If you do, the landlord will surely agree to an early surrender. 

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