Section 21 notice

[amazighman]

Good evening

Our current landlord has just served us with section 21 notice and wants us out in 2 months time.

He stated that we are liable to pay rent till end of the 2 months notice.

What about if we find another property , can we give 1 month notice and leave without paying the remaining one month rent( I have already paid 1month into that notice period , Paid very early before rent due date)

Thanks

If you have a contract that means you can give one month's notice now, and be out before his 2 months yes.
If he's given you 2 months that ends at the end of a fixed term, I don't think so.

Yes, but it depends upon whether you are outside of the fixed term. If not, you cannot give notice until after the fixed term has ended. You can however if within the fixed term, just leave at the final day of the fixed term. What is your position?

Still have few days left on my fixed term contract , he has given me section 21 during 2 weeks before the end of my tenancy agreement.

But I cant move house in 3 days , hence planning on stopping here for 1 month.

You can give notice after the fixed term ends, but not until, and then the timing of the notice will depend upon the wording in the tenancy agreement as it could be a contractual periodic tenancy or a statutory periodic tenancy and without reading the tenancy agreement I can't tell you.

Basically the best thing to do is tell your landlord you would like to leave on x date, and so will be giving them a month's notice dated from x date, and then confirm it in a letter/email and so the end of the notice period ends on or the day before the start of the rent period. If they agree there is no problem. It can be a technical legal point re giving the correct notice and I would be reasonably certain your landlord isn't that well up on the law.

Two important points to note:

Your tenancy does not legally end on the date on the S21 notice unless you agree to end the tenancy; your landlord cannot end the tenancy without applying to court for a possession order, which they cannot do until after the date has passed.

england.shelter.org.uk/housing_advice/eviction/section_21_eviction

After the end of the fixed term, your tenancy will automatically become periodic which means you can end the tenancy by giving one month's notice. (Note that if your tenancy start date was 10th of the month and end date 9th of the month, you will have to give your notice before the 10th and it will end on the 9th of the following month. So it won't end exactly one month after you give notice.)

england.shelter.org.uk/housing_advice/private_renting/options_when_your_fixed_term_tenancy_ends

england.shelter.org.uk/housing_advice/private_renting/ending_a_periodic_tenancy

www.citizensadvice.org.uk/housing/renting-privately/ending-your-tenancy/ending-your-tenancy/#h-when-to-give-notice

Unless it's a contractual periodic tenancy in which none of which you quote applies, it will revert to what is stated in the tenancy agreement.

And if you get to the stage where a landlord has to get a court order to evict you, then who on earth will want to rent out to you ?
Your landlord will want you out earlier if he/ she can, so there shouldn't be a problem with just one months' notice but you'll need to confirm with them.

I know right? I never understand folks who come stampeding on and post this stuff. The op wants to leave in a month, she doesn’t want to stay and be evicted

maybe it’s a reading comprehension issue.

As you LL has served you notice to leave I very much doubt they will care if you leave a month early providing you are paid up and leave property in good clean condition.