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Notice to leave during legal proceedings

4 replies

rentalhead · 28/09/2024 09:40

If you are in the middle of accelerated possession claim and yet to hear from court on date or hearing, how much notice is needed to leave property based on finding a new home? Is it still subject to contract? As in a month? Or could we just leave?

OP posts:
Bromptotoo · 28/09/2024 09:57

Do the possession proceedings follow a S21 notice?

Shelter would be a good place for advice.

Boomboomboomboom · 28/09/2024 10:10

If you want to give notice its usually one month ending on the last day or first day of a period of your tenancy if your tenancy is now monthly periodic (out of fixed term). So if you pay monthly on the 1st , notice served any day after 1st normally wouldn't expire until almost two months later so 1st December. However many landlords don't follow the common law rule and will accept 1 months notice as exactly that whenever it is given.

Check your tenancy agreement though as it might have more favourable terms which doesn't require notice ending on last day or first day of period of tenancy.

JustAnotherLawyer2 · 28/09/2024 14:33

The landlord clearly wants you out, so negotiate.

thecatneuterer · 28/09/2024 14:49

JustAnotherLawyer2 · 28/09/2024 14:33

The landlord clearly wants you out, so negotiate.

Exactly!

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