Can I leave without waiting for the section 21 to end?

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    Can I leave without waiting for the section 21 to end?

    Me and my husband were renting a place for nearly a year. The fixed term ended on the 5th of December 2010 and we went onto a periodic tenancy. The landlord wanted his house back so gave us a section 21 in May 2011. We start looking for a place straight away and found a really nice house, bigger, better and cheaper than before. Brilliant.

    The new landlord wanted a quick switch over so we agreed to move in on the 1st of June 2011, 4 days before our rent was due. We moved our stuff accross and cleaned up the old house ready for the old landlord to move in. We finished on the 4th of June and posted the keys. We e-mailed him telling him we had moved out and he responded by demanding the last months rent from the 5th of June to the 5th of July. According to him we had to give him notice on top of his notice?

    As far as I was aware we do not have to give notice and can leave at any point upto the 5th of July. Is this right?

    Very confused and cannot really afford to pay another months rent as I am already paying it on this new house. The bond is in a scheme and it was supposed to be sent to my new landlord once it came back.

    Unfortunately, a section 21 is NOT a notice to quit, it is a notice that allows the landlord to apply to the courts for possession of the property if he chooses to, after the expiry date.

    What it does not do is waive your obligation to give due notice - which in the case of a statutory periodic tenancy (created by section 5 of the 1988 Housing Act) is a minimum of one month, ending on the last day of a tenancy period (which, in your case would be the 5th of any month)

    So sadly for you, your landlord is correct and he should have little difficulty claiming the relevant amount from whichever scheme protects your deposit.


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