Urgent advice needed

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    Urgent advice needed

    Hi,

    On the 4th March my landlord issued a 'notice seeking possession' which expires on May 3rd. This was all done on the correct date and using the correct wording etc..... I have lived in property for 5 years but now the landlord wants to sell, so he requires vacant possession.

    This is all okay with me and I started looking for somewhere new immediately.

    My question now is.............. I have already found a new place and in order to secure it, I have started paying rent on it. I need to know if I MUST continue paying my old landlord right up until May 3rd which is the date his 2month notice period expires.

    I wasn't in a fixed term contract with him but a monthly periodic one.

    On March 4th (the date he served notice) I paid him my months rent as usual and that brings me up until April 3rd. I would like to give him back the property on that date, rather than paying until May 3rd.

    Is this legal? If he's the one who served notice on me, can I leave at anytime during his 'notice seeking possession' and no longer be liable for the remaining rent? To make things easier, I'm leaving on the rent due date as this saves any confusion about 'part-month' payment.

    Many thanks, Jo.

    #2
    From what I've read on this forum in the past, yes you can leave at any time after the S21 has been issued.

    By the way I wouldn't worry about leaving on a rent day particularly - it's a trivial matter to calculate pro-rata rents - should be done using the calculation (daily rent) = (monthly rent) x 12/365.

    Comment


      #3
      There's plenty of my posts on the forum telling tenants they can leave at anytime once served with a S.21 Notice without having to commit to anymore rental payments, but by paying a months rent to 3 April you have contracted to stay until then but no longer.
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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