Leaving before s21 notice expires?

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    Leaving before s21 notice expires?

    I have received a s21 notice to leave at the end of August (this includes the current extended 3 month covid19 period). I wish to leave the property early as I have now found another property to rent but this can only be ‘held’ for a period of 2 months by the letting agent. I have asked if I can leave before the expiration of the 3 month period in order to secure this other property but have been told by the letting agent that as the landlord entered into a ‘guaranteed rent scheme’ I cannot leave. The landlord is also unhappy as he wishes to move back into the property once I move out.

    #2
    You can leave prior to the notice ending, but you will still be liable to the rent and any liabilities until the tenancy ends which is the date on which u and the L have agreed upon.

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      #3
      Thanks for your reply. So I understand that if I served my 2 month notice, I could leave at the end of this but pay for the final month even though I’m not there? Would this be the same if the landlord agreed that I didn’t need to pay the final month? Or is this prohibited by the guaranteed rent scheme?

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        #4
        What is the guaranteed rent scheme, I thought it was a insurance policy which the L's purchases so it pays the money when a T fails to pay, and the Insurance company will then chase the T.

        You have to pay the rent up until the last day you are a T, there should be a date on the notice, if you have an agreement with the L not to pay the last month do you have this in writing? I would image he is going to make a claim on the deposit for the last month, which is not the purpose of the deposit.

        If the L is moving into the property, you should agree if you can end the Tenancy early, they don't have to. I'm not sure why he wouldn't apart from losing on a months rent, he doesn't have any plans to re-rent it out.

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          #5
          You can serve your own notice if you are in a periodic tenancy.

          Or agree a sensible date with your landlord - the agent's guaranteed rent scheme sounds like a con to me.
          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).

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            #6
            From what I understand, if I don’t pay the final months rent then the agent will have to pay it to the landlord under this scheme (correct me if I’m wrong). It appears that he agent is being difficult as the landlord is happy for me to go early!

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              #7
              The only person who will lose out would be you, according to you, the landlord will be paid by the agent's policy, the insurance company will chase you for the money, if you don't have it you will obtain a CCJ.

              Comment


                #8
                Originally posted by Kj47 View Post
                Thanks for your reply. So I understand that if I served my 2 month notice,.................
                Assuming tenancy is periodic notice only has to be MINIMUM of 1 month expiring on end-of-period day.

                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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                  #9
                  Originally posted by Kj47 View Post
                  From what I understand, if I don’t pay the final months rent then the agent will have to pay it to the landlord under this scheme (correct me if I’m wrong). It appears that he agent is being difficult as the landlord is happy for me to go early!
                  I don't have any idea how this is meant to work.
                  But, the only people who really matter are the landlord and the tenant.

                  The agent works for the landlord, and if they've found themselves in a conflict if interest, have to resolve it in favour of the landlord.
                  They'll never accept that, but I'd reach an agreement with the landlord and move out.
                  Once the tenancy ends, no rent is due, so no one should have to pay any rent to anyone.
                  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


                    #10
                    I agree that you should speak again to the landlord, although once the Agent tells him that his rent guarantee is now void because he agreed an earlier leaving date separately with the tenant he may be less amenable.

                    Comment


                      #11
                      What rent is the landlord putting at risk if the guarantee is now void?
                      The tenant is moving out, owning nothing, the landlord get's possession sooner, no one owes anyone anything.

                      So what does it matter if the rent "guarantee" is void?
                      From the sound of things the agent is worried about losing something for themselves.
                      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


                        #12
                        I assume that the point of kj47's question is whether s/he can leave early and not pay the rent for the remainder of the notice period as its always an option to just pay and leave.

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                          #13
                          Is the tenancy in the fixed term, or is it periodic?

                          is the "landlord" named as such on your agreement?

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