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Legalease
Legalease, Attorney
Category: Landlord-Tenant
Satisfied Customers: 16289
Experience:  15 yrs residential & commercial leasing experience.
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My assured shorthold tenancy agreement run out few months

Customer Question

My assured shorthold tenancy agreement run out few months ago. Now its a periodic tenancy with no agreement at all. We told agents a month ago that we intend to move out but they claimed that you have to give us 2 months notice so you cannot movie before 60 days and they also told us to email them the date. Me and my sister (we are joint tenant) then were in a sense misguided and forced by them to stay in a property for 1 more month eventhough we were on periodic teneancy where the law says tenant can move out after giving a months notice.
Now the problem is we emailed them the notice period of 2 months only because they lied to us and forced us to stay in an expensive place when I have got another property very affordable and at very low cost.
I can provide four witness statements as well because they called me when I was in school working and my colleauges who are professional teachers saw all this that they lied to me and forced me to stay for 60 days.
If I decide to move out can they sue me on the basis of that notice which I only gave cause they misguided me? I do not want any CCJ's on me!
Is this a case of misrepresentation can I sue them because they lied to me or is this a fraud?
Please tell me what can I do I do not want to waste my money here. I have already resigned from my job and cannot really afford to stay here.
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  Legalease replied 8 months ago.

Hello there --

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Were you paying the rent on a month to month basis?

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MARY

Customer: replied 8 months ago.
Hi yes we were paying on month to month basis
Expert:  Legalease replied 8 months ago.

Hello again -

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While you are correct that the law is on your side regarding the 30 day notice when you have a month to month tenancy, the law also requires that it be a full 30 day notice period which means that your notice must be given to the landlord either on or before the monthly rent payment date. For example, if your rental payment date is the 1st day of the month, and you give a 30 day notice to move the day AFTER you pay your rent, you are stuck for the remainder of that rental period and the next rental period (which would be effectively be 59 days). So, whether or not you will have a solid defense against this landlord if they attempt to pursue you for the 60 days notice period depends completely upon the DATE that you gave the notice and the date that you wanted to move out by.

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However, if the landlord was lying to you and is trying to tell you that the law requires a 60 day notice, period, then you may have a defense against them if they try to pursue you for any remaining rental money OR if you have to take them to small claims court to force them to return any deposit money and to stop making poor reports to credit agencies regarding your tenancy (which is your right to do after you leave the place). Unfortunately, there is nothing that can STOP the landlord from pursuing you in court after you leave the premises because they have the right to sue you or anyone they wish to sue even if their claim is frivolous and thrown out by the court in the end. There is nothing I can tell you and no advice that I can give you to keep the from suing you in the first place if that is what they are inclined to do. However, you may very well have a good defense against them in this matter if they do decide to pursue a case against you for the last 30 days where they will claim that you left "early" and you will claim that you gave them proper 30 day notice according to the law.

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I hope that helps. Please press a positive rating above so I will be paid for my time. I am paid nothing unless you press a positive rating above. (the middle star and the fourth or fifth star on the right is a positive rating). Doing so will NOT cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time today. THANK YOU VERY MUCH

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MARY

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