Terminating a Contract

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    Terminating a Contract

    I have a question regarding terminating a contract

    Say LL serves you a S21 on 1st November, you and the other tenants decide to leave 2 months (1st December) before your 6 month break clause (18th February), the LL instructs a third party to collect your keys on 1st December. LL then changes the locks (3rd December) and re-lets the property the following month in January.

    LL then claims you owe rent for part of December, 18th January - 18th February, to the end of the break clause in the AST contract.

    Is this right?

    #2
    Sorry! Don't quite follow what you are asking, the service of a S.21 Notice is intended to be affective from when? Also when does the fixed term start and end?
    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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      #3
      I would say that as the L/L as sent someone round to collect the keys and has recieved them and all your belonging are out of the the property the L/L has legally accepted the end of the tenancy and cant charge you there after.

      Also he cannot legally charge 2 differant parties for renting a property during the same period. (Unless of course they were all living there.) Because as soon as the new tenants have signed a contract for the property it should end yours.

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        #4
        Originally posted by johnboy View Post
        I would say that as the L/L as sent someone round to collect the keys and has recieved them and all your belonging are out of the the property the L/L has legally accepted the end of the tenancy and cant charge you there after.

        Also he cannot legally charge 2 differant parties for renting a property during the same period. (Unless of course they were all living there.) Because as soon as the new tenants have signed a contract for the property it should end yours.
        Thank you, I totally agree, I am taking my landlords to court at the moment, they are claiming rent as my first post states, but I think it is totally unreasonable but I thought I would ask around just incase I'm barmey. Do you think a judge will agree or is it somthing that I am really going to have to prove?

        How can he expect to claim rent after he has locked us out and moved someone else in!!!

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          #5
          Originally posted by looking4info View Post
          Thank you, I totally agree, I am taking my landlords to court at the moment, they are claiming rent as my first post states, but I think it is totally unreasonable but I thought I would ask around just incase I'm barmey. Do you think a judge will agree or is it somthing that I am really going to have to prove?

          How can he expect to claim rent after he has locked us out and moved someone else in!!!
          Don't worry, he can't!

          But get everything written down - dates, notices, a written record of any communications you have had with him.
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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            #6
            Phew thanks

            Don't worry I'm ready!!!

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