section 21 | The Tenants' Voice
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section 21

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675 views 2 replies latest reply: 12 February 2016

I was served a Section 21 on 2nd Jan giving me until 1st March to vacate the property as the landlord is selling the house. I have since found a new house to rent and informed my letting agents that id be moving out on the 30th Jan. They have said that i still have to pay februarys rent even though i wont be living there. Is this correct? I cant possibly afford to pay rent on 2 properties

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Hi David

Yes, that’s correct – your tenancy most likely requires two months notice, either from you or the landlord. You could try contacting the landlord directly, explaning the situation and asking them to agree in writing to surrender the tenancy at the end of January. Or you could offer a compromise of two weeks rent into mid Feb. Alternatively, you could offer to try and find a new tenant to move in when you leave so they don’t lose the rental income. All those should be a reasonable for the landlord (avoid the agent if you can as they will most likely just say no without even asking the landlord) – your landlord’s contact details should be on your tenancy.



Hi Alex

Thanks for your reply, I asked the landlords for a mutual surrender of tenancy but they declined insisting that they weren’t prepared to take possession until the 1st of March. I had no option but to move to my new property on 30th Jan as they wouldn’t hold the property for another month and i couldn’t risk becoming homeless. I delivered the keys back to the letting agent over the weekend and they called me on the Monday morning saying that they didnt accept the keys and that I’m still fully responsible for the property until 1st March, however a few things have been brought to my attention since then, the first being that the landlords have been into the property since i left without any notification to myself beforehand which as the agent says i’m still responsible for, is this not a breach of the tenancy agreement? or more importantly an acceptance of mutual surrender? secondly it has been pointed out to me that the section 21 may be invalid as it doesn’t give me a full 2 months notice, it falls short by 1 day (Jan 2nd – 1st March) it also wasn’t served in line with my rent due date which is the 29th of the month.

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