Sec 21 Can landlord withdraw

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    #16
    Thanks for the advice, so when I leave if the landlord attends the property and takes control that is the point at which I’m no longer liable for rent.
    Thanks

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      #17
      Originally posted by Ellie39 View Post
      so when I leave if the landlord attends the property and takes control that is the point at which I’m no longer liable for rent.
      There are two separate areas of law that operate.

      The property law position is that the liability for rent ends when the tenancy does.
      The landlord recovering possession would end the tenancy - although it's always difficult to know when exactly that happens (because you're not there and the landlord can claim not to have recovered the property).

      The contractual position is that rent is due until the contract has ended.
      Without notice, it's hard to determine when that is (although logically it would end when the tenancy it regulates does - law and logic aren't the same thing).

      By not serving the correct notice, you are in breach of contract and the landlord can claim the unpaid rent as a loss.
      The landlord has served notice which should end the contract, but it can't (because of property law).

      It's nowhere near as black and white as it should be.
      And, if it ever came to court, who knows what the judge would actually decide.

      Hence my suggestion to do what is actually necessary and not what is technically required by the law.
      It has it's risks, but the worst possible outcome doesn't seem that much worse than doing what you're meant to.

      I'm sure others would disagree.

      If the rent that is being paid is a lot, it might be worth talking to a solicitor.
      Most of them will meet for free for a 10 minute chat about your position so that they can quote for anything they might be able to do to help.

      It's quite possible that a sternly reading letter on a legal letterhead might put the landlord back in their box.
      And that might cost much less than the rent.


      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #18
        Originally posted by jpkeates View Post
        The cost of the case to that point is £308 (I think it's still that) and you would probably owe the landlord that if he wanted to collect it (as it's an unexpected loss).
        They're not actually entitled to that unless a court awards it, and in this position I would argue that their going to court was premature and needlessly incurred if the tenant informed the landlord of a leaving date 2 weeks after the end of the s21 and the landlord said no.

        I think that I would either give a month's notice on the 28th and move out after a fortnight, making sure to return the keys and confirm that you have ended the tenancy in writing.
        I would make sure the notice to quit have a saving clause in it as well just in case the landlord refuse to accept the surrender or short notice, to make sure that the tenancy would end definitively ASAP whatever happens.
        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

        I do not answer questions through private messages which should be posted publicly on the forum.

        Comment


          #19
          Originally posted by KTC View Post
          They're not actually entitled to that unless a court awards it, and in this position I would argue that their going to court was premature and needlessly incurred if the tenant informed the landlord of a leaving date 2 weeks after the end of the s21 and the landlord said no.
          I would probably make the same argument as a defence.

          The real cost to the landlord is likely to be an increased premium for making a claim on his insurers legal service for no point.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment

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