Given notice by LL - issues with move out date & fees being insisted on by him

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    Given notice by LL - issues with move out date & fees being insisted on by him

    Hi All

    We have an AST since July 2012 which had a break clause in of 9 months. We renewed with LL (via the agency) July 2013 and he said all that changed in the new online contract is a clause he had added previously with regards to earlier vacation for works to be done. This was now removed. Renewal is due again and we raised the issue on 28 Feb 2014 to ask if we could extend for another 3 years. He took 6 and a half weeks to answer us (13 April 2014) and said he didn't want to renew. He also gave us no reason whatsoever. We accepted his notice, however the date does not suit as we are out of the country for 6 weeks over that time and can't change our flights. We raised the issue and said we would have to move by 13 June 2014 in order to make his property available. So a month before. He is now insisting that we are responsible for rent if he doesn't find anyone else by 13 June - as well as that we are responsible for all the charges associated with us moving out, ie new tenancy fees, the new tenancy agreement, etc?! Can he do this? He has to find someone anyway due to giving us notice - why is it now becoming our expense just because we need to vacate a month prior to what the tenancy states? Now the other problem is that the agency took it upon themselves to remove our break clause and we weren't aware of it! They confirmed we didn't ask to keep it in our agreement - even though our agreement is an extension of the previous agreement? Can we insist on this break clause and move out a month before the end of the AST. We do not wish to cause hassles, but we feel we are being treated unfair. Thanks in advance.

    #2
    He hasn't given you notice (unless he served a S21...). Even if he did serve a valid notice it does not end the tenancy nor require you to leave, it merely permits him to start possession proceedings on expiry: If you want to stay you've probably 3-6months more...

    What do you want to do??
    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...

    Comment


      #3
      Extremely convoluted.

      For now, forget what you thought/expected/wanted.

      When did your last fixed term start, and how long was the term?
      Allow tenants to protect their own deposits. I want free money when they do it wrong

      Comment


        #4
        @theartfullodger - he has been a rather difficult landlord, so I want to rather move on 13 June. One month earlier than the end of the AST.
        @thesaint : it started on 14 July 2013 for 12 months

        Comment


          #5
          Even if LL has served a valid s21, as artful said it is not a notice to quit, and you are still required to serve your own NTQ, unless you vacate T on last day of fixed term (13 June).
          What you are asking for is early surrender on 13 June and LL can require rent paid to 13 July or any lower cost conditions applicable eg advertising costs and rent until new T occupies, if before 13 July.
          May be best to just pay rent to 13 July and give LL 1 week notice of your intended departure, say on 6th July. You can move out approx 3 weekss earlier, provided yoi don'
          t exceed the max time the property can be left unoccupied (for Ins reasons).

          NEGOTIATE!

          Comment

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