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Jo C.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 69365
Experience:  Over 5 years in practice.
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I was on a rolling one month contract and was issued with

Customer Question

I was on a rolling one month contract and was issued with section 21 requiring me to leave by 4th August 2015 because the owner intended to sell the property. I notified the agents on 17th June that I had found a new property and handed over the keys on 3rd July following an inventory check. Rent was paid until 4th July but I've now been told that I had to give a months notice and they are trying to withhold the amount of rent from 4/7/15 to 17/7/15. As they had given me notice what is the legal position please?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Jo C. replied 1 year ago.
Hi
Thank you for your question. My name is ***** ***** I will try to help with this.\
Are you asking when you notice would end if served on the 17th?
Customer: replied 1 year ago.
I was served a section 21 notice on 7th of May to leave by 4th August. On 17th June I wrote to the agents to say that I would be leaving the property and ceased tenancy on 3rd July when I handed over the keys etc. I have now been told that despite being given notice by the landlord I was still required to give them a months notice. Is this the case?
Expert:  Jo C. replied 1 year ago.
in short.
Your notice, allowed to run its course, would expire on the 4th September because it doesn't take effect until the rent date.
However, you can stil rely on the landlord's notice which expires on the 4th August to leave early.
But you are liable until the 4th August.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
I was on a monthly contract from the 5th of the month. I was told verbally by the agent that I could leave at any time before 4th August. Rent was paid until 4th July and I left on the 3rd July. Surely I cannot be required to pay rent if the landlord has taken possession of the property?
Expert:  Jo C. replied 1 year ago.
No, you are liable until the 4th August I'm afraid for the reasons above.
The fact that you have left early is a non issue.

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