Move out before the end of notice period

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    Move out before the end of notice period

    I have got a 12-month AST with a break clause of giving 3 month notice which applies to both myself and the landlord. The contract itself ends on 14 November but I have just been given notice verbally which I believe will bring the end date of the contract forward to 14 October. He said he was going to put a letter in the post but it has not arrived yet.

    After the landlord has served the notice, as a tenant, am I able to move out before the end of notice period without being liable for the rent till the end of the notice period?

    Many thanks in advance

    #2
    Originally posted by honkonjin_hk View Post
    I have got a 12-month AST with a break clause of giving 3 month notice which applies to both myself and the landlord. The contract itself ends on 14 November but I have just been given notice verbally which I believe will bring the end date of the contract forward to 14 October. He said he was going to put a letter in the post but it has not arrived yet.

    After the landlord has served the notice, as a tenant, am I able to move out before the end of notice period without being liable for the rent till the end of the notice period?

    Many thanks in advance
    No, unless your LL is willing to release you earlier from your commitment (he might, if he is desperate to get the property back for some reason, but he is not obliged to), you are liable for the rent until the end of the notice period, whoever served notice.
    '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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      #3
      Originally posted by honkonjin_hk View Post
      I have got a 12-month AST with a break clause of giving 3 month notice which applies to both myself and the landlord. The contract itself ends on 14 November but I have just been given notice verbally which I believe will bring the end date of the contract forward to 14 October. He said he was going to put a letter in the post but it has not arrived yet.

      After the landlord has served the notice, as a tenant, am I able to move out before the end of notice period without being liable for the rent till the end of the notice period?

      Many thanks in advance
      What is the clause's precise wording, please?
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

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        #4
        another question......

        The break clause in my contract says "The Landlord lets to the Tenant the Premises for a period of twelve months. The Tenancy shall start on the include the 15 Nov 2009 and shall end on and include the 14 Nov 2010 but subject to clause 3 months notice can be given by either party after 6 months."

        I am always under the impression that the Notice to Quit must be served in writing and cannot be backdated. My landlord told me on 14 July that he wanted to end the contract early and had put a written notice in the post. I was confused if it would actually bring the contract to an earlier finish as I have not yet received the written notice to date.

        Question:
        1) Is his verbal notice valid? I am assuming the contract would end on 14 October if it was.
        2) Is the method that notice should be given normally stipulated in the contract?

        Many thanks!

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          #5
          notice to terminate

          should be in writing. what sort of dipstick would give you verbal notice?

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            #6
            Originally posted by honkonjin_hk View Post
            1) Is his verbal notice valid? I am assuming the contract would end on 14 October if it was.
            2) Is the method that notice should be given normally stipulated in the contract?
            1. You might mean 'oral'. A non-written (= oral) Notice can be valid, although undesirable, but...
            2. yes, the clause would usually prescribe that it should be written and not oral.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


              #7
              thank you

              Many thanks for all the responses

              Comment

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