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Jo C.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 69371
Experience:  Over 5 years in practice.
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My landlord has not done any repairs so I want to leave and

Customer Question

My landlord has not done any repairs so I want to leave and rent elsewhere, he will not accept my notice of 4weeks because it is mid month
Submitted: 11 months ago.
Category: UK Property Law
Expert:  Jo C. replied 11 months ago.

What type of contract are you on?

Customer: replied 11 months ago.
Fixed term assured short hold tenancy
Customer: replied 11 months ago.
We had an initial 6 month contract, then signed for another 12 months, then signed for another 12 months the contract is due for renewal 25th January, we do not want to renew and said we would leave 5th Feb so it would be 4 weeks notice
Expert:  Jo C. replied 11 months ago.

That isn't adequate notice I'm afraid.

Your AST might well say that you have to give two months notice although they might not get away with that.

Either way though, you have to give no less than one month's notice on or before the term date. The term is 25th of the month. Unless you gave notice before Christmas Day the notice you have given would not take effect until the 25 th January and would run until the 24th February.

However, whether he accepts notice or not, you cannot be forced to renew and he will have to accept it in the end.

Can I clarify anything for you?

Jo

Customer: replied 11 months ago.
When you,say he will have to accept it, does that mean he will have to,accept I can leave on the 5th feb
Expert:  Jo C. replied 11 months ago.

No, but you could leave on the 24th February.

He could try to argue that notice should run until the 24 th March if the contract demands 2 months notice but he probably wouldn't get away with that.

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