If no Section 21 has been issued (Section 8 would not apply in this situation) then the landlady hasn't a leg to stand on.  Section 21 requires the landlady to give two full periods notice (monthly rent) and has to be in writing.

The tenant can give one periods notice.  to terminate an AST even within the fixed period.  After that time the landlady cannot claim any further rent. 

The Section 21 has to be issued on the last day of the period to be valid.  I do not know if this restriction applies to tenant, but I suspect not.  The law is skewed towards the tenants rights.

You'll probably have to pay rent up to May 10th.

Hope that helps.

Kind regards
Ian

Hi Hannah

Have you spoken to the landlord about what he/she wants to do?

AST and legal frameworks are only there to help ordered discussions.  If you can mutually agree other terms then do so.

In this case the law requires that the landlord gives 2 months/ 8 weeks notice (I assume they served a Section 21).  The landlord cannot vary this even if they really want the property back tomorrow.  A tenant can terminate the AST with 30 days notice. 

So check with the landlord want they want to do.  It may be you can move immediately if that's acceptable to both parties.

Kind regards
Ian 

Hi,

Our family of 4 are living in a 4 brm bungalow. We had a very long, damp, cold and (heating-wise) expensive winter (heating = £500+ per quarter) - the walls and windows ran wet, the oil heating ran almost continuously and still the house was cold and damp. So we put it to our landlord that there was a problem.

The response was, somewhat unbelievably, that we ought to open some windows (yes, in the middle of winter), run a dehumidifier and even - wait for it - use the kitchen extractor fan!

Well, being unwilling to further the debate without more evidence, I contacted the local council to ask if there was an independent authority that could assess our cold/mould/damp issues. They sent their expert around and he assured us that we couldn't realistically change our behaviour to prevent the internal damp because the issue was caused by a lack of wall insulation and huge air leaks through old 1950s single glazed windows on all but the patio doors.

After a couple of weeks we received a copy of a letter addressed to our landlord, from the council, stating that the property had been declared a category one health hazard and that they *must* install cavity wall insultion and double glazing. Which is all great for the *next* tenants - but our tenency is due to expire in July, the middle of Summer. So we are not going to benefit from the improvements.

So we are looking around now for a new place, and to cut to the chase, I would like to know if given our circumstances we have got any rights to terminate our 1-year shorthold tenancy early due to the hazard. This would allow us to take on a new tenancy in a better property, without being IMHO unfairly inconvenienced by the ructions currently underway.

So if anyone can advise, it'd be much appreciated!

hi
im currently with a private landlord he has recently given us 2 months notice to vacate the property due to him moving back in.
the notice ends on june 18th.
we have the rent paid up until the 18th of may at present.
my queiry is that we have recently found a new property we like and can move in a week.
1. Can we leave before the notice ends? ie in a week
2. is the landlord liable to pay us back any rent owed as we have paid up until 18th may.

we know the landlord through a family member and although when we first moved in a year ago we had a tenancy agreement for 6months but when we renewed after 6 months we didnt recieve another agreement.
we are friends with the landlord and dont think he would rip us off but we dont want to be out of pocket leaving early with the rent paid up till 18th may.
any advice is greatly recieved!!

I am currently renting a listed property in which the windows do not open, with exception of the bathroom. Landlord is reluctant to repair or replace. Management company unsupportive with my plight. Are there any health and safety or other legislation which supports my view of having windows that open?

Dear Sir/Madam,
I have several issues that I would appreciate your advice on please.
My daughter has just signed (renewed) a 12 month tenancy that incorporates a 2 month termination notice clause by either side.  The contract payment periods start/terminate on the 2nd of the month. A week ago (around the 2nd April) the landlady verbally informed my daughter by phone that she is now putting the house on the market and that she was giving her notice to vacate. A subsequent recorded phone call by the landlady confirmed this.  No S.8 or S.21 notice in writing has been received from the landlady. Estate agents and the landlady have since visited the house. 
My daughter was left with no option other than to rapidly look for new rented accommodation, particularly as she has a dog and two cats (difficult to find).
On receiving this verbal notice my daughter has now found an alternative property to rent from 2nd May.  She informed the current landlady in writing (confirm received on 10th April 2008 ) that she has found this new letting and wishes to vacate her property and close the tenancy on 2nd May 2008, not 2nd June.
The landlady has responded verbally to say that she is entitled to retain the deposit to cover the 2nd month of tenancy (included the period 2nd May to 2nd June) since in her opinion my daughter is leaving earlier than the 2 month notice period.
In view of the sudden note to sell and quit the property, no written notice given and, the fact that a 12 month contract has only just been signed, is the landlady entitled to retain this deposit of £700 that more than covers the monthly rental of £550?
many thanks
Paul

Hi I hope some on can help me here because i appear to have been swindled.
I have recently entered into a tenancy agreement via a letting agent and having paid 2 month deposit and a months rent upfront i have discovered that the named landlord does not own or is currently letting the said property. Fortunately i have not moved in. But the letting agent appears to be dis-interested in recovering the monies and seems to think that i should take part of the loss incurred. Even though the receipt stipulates that in event of the landlord declining the tenancy it will be refunded.

My take on it is that they have been duped and all monies should be refunded, but i aren't sure where i stand as the named landord granted the tenancy, whether they own it or not.

Can anyone help enlighten me or provide suitable advice???

If you move into a rented property does the landlord have to provide you with white goods in the kitchen? Or is it up to the tenant to purchase these themselves?

there is 3 people on our tenancy, my husband me and a friend, we are 1 month into a six month contract, the friend wants 2 leave, what costs would we have to pay to amend the contract so it was just me and my husband. is it possible to do

I have always been led to believe that if a property contained whtie goods then the Landlord was responsible for their repair. Having just read some case from the TDS I am now beginning to question this.  The sme applies for TV aerials, if one at the property when a tenant moves who is responsible should this fail and a new aerial is needed

What are your views on this subject.