Giving notice after a section 21

[Sparkymoo]

Landlord is selling up and has given us two months notice so we need to be out by end of Feb.

We might be able to agree a place to rent this week. Can we then give one month notice and not pay for most of Feb?

Yes providing you are not within the fixed term you can give one month's notice to end on or before the rent day even though there is an active s21.

I don't understand what you are asking about not paying rent in Feb? Providing you have given notice in accordance with the terms in your tenancy agreement (unless your agreement states you must give longer than one month), once you move out, hand back the keys, there is no further liability for rental payments.

Thanks - I meant as in we can give our own month's notice after being given the two months notice from the landlord.

It will be up to a week after next rent day. Would like to not pay 3 weeks crossover rent as well as having to move.

Best thing to do is speak to LL. most of the time they are happy to get their property back sooner, especially if they are selling it.

Good point, will just get this place confirmed and then approach the landlord.

Unless your tenancy agreement says otherwise, under common law your notice has to end on the day before or the day rent is due. You have to allow for service of your notice.

If your agreement allows service by email and your rent is due 1st of month, you can give notice today, which ends 31st Jan or 1st Feb.

If your rent payment day is any other day you'll be giving more than a month's notice but that's tough luck unless your tenancy agreement says otherwise.

I really hope not, feels quite grim to have to pay to move and double rent.

I would just say you will pay rent pro rata until the moving date. LL might disagree but what are they going to do, evict you?

Although I guess it depends if you want your deposit back, so I suppose you have to work out what’s worth more.

If your LL is selling s/he might be glad to get possession of the property sooner rather than later, so try to negotiate an early release.

exactly, if the rent is unpaid because the notice period has been incorrectly given then the LL can make a claim against the deposit

(unless, unusually, the deposit T&C expressly prohibit use of that money for unpaid rent - a situation some prefer as there is always money to cover damages then. Some see it as simpler to make a case for unpaid rent than prove cost of o/s damages in court)