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Landlord help please
If my landlord has told me I have two months notice to move out how long am I obliged to stay there/pay rent until?
If I were to give notice to him I need to give him one month but now he's told me to move out, and say I found somewhere else to live right away but I had to move in suddenly, am I in my rights to do that?
You know, pay him what I owe to that date and then leave rather than waiting out a month?
Lots of places need people to move in quickly and I don't want to lose a nice house because of him, especially when he's the one kicking me out...
And with every thread on this topic:
READ YOUR CONTRACT
If it says that you need to give a month’s notice, then that’s all you need to give.
Hmm, I know but what I mean is
does this change if he's given me the notice to move?
Does his two month notice to me mean as long as I'm gone within that period I can leave any time prior to that?
So long as you pay the rent for the notice period...
...you can leave whatever time you like.
The important thing is that he wants 2 months worth of rent. So if he said to you at the end of February "you've got 2 months notice" then you have to ensure that your rent is covered until the end of April. You can physically move out any time within this.
Does this make sense?
That is bullshit....
so there's no point me even looking for houses at the moment then? And if he hates me being there so much surely he'd want me to leave sooner? I don't agree with that at all that he gets two months when he's had time to financially prepare for me leaving but if I wanted to go and spring it on him I'd only have to give a month. Pah! That doesn't make any sense.
For the record - I'm not doubting you, Geoff, it's just bullshit.
Well...
...normally these things have the same amount of notice on behalf of the landlord AND the tenant. Usually a month either side. It's a bit odd for this to be unbalanced, seeing as there is a massive ambiguity with the whole "if he gives me my 2 months notice can I then counter with giving him my 1 months notice?" thing. I agree that doesn't make any sense. Does your notice trump his? I'd say that it probably does.
Bottom line is the landlord couldn't give a shit whether you're in the house or not, so long as he's getting the rent covered. That's what the clause is there to protect him for.
However, if you could speak to him you COULD arrange for someone to move into your room to cover your outstanding time/rent obligations. Depends on what he's like. He sounds like a bit of a colon though so... who knows.
Anyway, do these two things:
1. READ YOUR CONTRACT
2. Ring Shelter's Housing Advice Line or your local CAB. Both are incredibly helpful.
This is my contract
this is a contract, give me this much rent and this much notice. The end
That isn't a contract.
Nah, fuck that.
Your notice period is one month, so that's all it is.
Move out as soon as possible, pay him only whatever you owe him up to that day.
No, if her contract says that she needs to give one month’s notice,
then she only has to give one month’s notice, regardless of whether the landlord wants two.
Check the contract.
Fair do's :)
Yep, generally a month
Isn't he kicking you out because you haven't paid the rent? Apologies if I am wrong.
Nope
I don't owe him any money
He wants it to be a LADS house is basically the reason
and has been a bastard to me at every available opportunity to try to prompt me to leave. Which I was going to do...when I had a job. We've been friend's for three years but I owed him £90 a year ago, for a few weeks and he started asking his legal buddies how to get me evicted...despite my other housemate owing him £900 for three months and him being totally fine with that :(
So basically he's left me out of everything for a year, they go out as a house or have film nights in his room and he doesn't ask me, then he told me he feels like I'm not getting on with him 'for some reason' and then started shouting in my face about having to leave.
Nice guy.
Sounds like he's in love with you
and you being in the house is driving him mental. If you know him I'm sure you can work something out about leaving earlier and not paying the months notice. If he demands it though, legally (again, whatevers in the contract) he'll be right, sorry.
If he's just decided to kick you out for no reason and given the correct notice
Then it'll be in your contract how much you have to give (again, generally a month) - as below, talk to him and he may be happy to get the room free.
Ok, thank you
I just thought that him giving me notice absolved my need to give him any, and that maybe I could leave anytime. I don't know how I'll live their for another month :(
you can still give your months notice
if you've been given two months notice
beyond that you can talk to him to see if he'd be OK with you moving out sooner (his circumstances might mean he wants the property free as quickly as possible)
I can't really talk to him
he won't do me any favours anyway, he's telling me to leave when I don't have a job and most places I've seen only want employed tenants. He knows this - he's not the nice kind of guy to help me out if I find somewhere.
What sort of tenancy are you on?
If, for example, you are four months into a six month tenancy and he's given you two months notice to leave after the sixth month, you'll be liable to pay the rent untill the end of the agreement.
If you are on a 'rolling tenancy' (month by month), you should still be able to give him a months notice (from the rent due date) if you find another place.
Rolling I guess
It was 6 months when I moved in 3 years ago and I've never signed anything since - it's just a house share and he lives in with us
I think that the law is different if you live in a house share with a live in landlord
But it sounds like you should be able to give one months notice. There's a riveting website called LandlordZone that should help you out
Sounds like something out of the crystal maze
but full of badly equipped buy to let flats with damp problems.
*crowding round a tiny window*
Nah let me out, let me out
and I think a sizeable chunk of crystal is what it takes to get
your foot in the door in most rented places these days
Erm, sounds like you're out of contract to me...
Ergo - move out whenever the fuck you like and he doesn't have a legal foot to stand on.
Housing law is actually very sympathetic to the tenant in a lot of instances.
If he is being a dick
pay him what you owe to date and find yourself a new pad. You have to look after yourself here. I done this with a landlord in my last house. He told us to go and that we had two months. We found somewhere straight away. Paid him what we owed him to date and moved out. We hadnt signed an agreement though, i think he was a bit dodgy.
Mine is a bit dodgy
and pulls various scams to get a free flat in Chester, claims disability or something. I also know that he did, and might still takes the other tenants rent in cash so he doesn't have to declare they live there and gets the extra income tax free. So potentially I could screw him over if he was an arse with me about leaving early but I don't think I could do that to anyone
Hmmm..
i know what you mean but you really do have to look after yourself here. Ring him and see if he would be happier if you just paid up and left... like Theo said below. He probably will just be happy to get you out if he is acting like this. Or alternatively you could find a new tenant for your room so he is not losing money.
I would happily do this if needed, and possibly if not needed.
Three phone calls is all it would take to fuck all that up for him.
If he wants you to leave how about ringing him and asking him?
The contract states one thing but if he's happier if you sling your hook he can simply say, "Yeah, pay me to the end of the week and get out" if he reckons he'll be able to fill your room.
He lives with me
When I've got something sorted I'll drop him an email and say something like...got a place but they need me to move ASAP and obviously with you asking me to move when I am unemployed I don't have the money to pay for them to keep the room free for a month whilst also paying rent to you for your notice period, as such I will be moving out on xxx, tell me what I owe you to date (minus the money I spent DEFLEA-ING YOUR HOUSE YOU FUCKING BELMER)
Ultimately there's three questions to consider:
a) What do you legally owe him?
b) What will be the legal consequences of not paying?
c) What will be the social consequences of not paying?
If he hates you anyway, c) isn't going to matter. Whether or not you technically owe him for a months' rent for a month after you leave, I suspect most people wouldn't pursue you in a court of law for the extra money if you just pay for the time you were there. So it might well be that, regardless of what the contract says, you can get away with just paying up to the point when you leave.
If he challenges you then claim that the fact he's given notice invalidates your need to give notice. It might not but, particularly if he's not sure on the matter himself, I'd say you've a good chance of not being hauled into court. Although it depends if he really is that petty...
^ I'd just pay until I left
I think it's unlikely that any legal action against you would either be taken or get very far, especially with your circumstances (needing somehwere to live, unemployment).
i say just leave and turn up on moouses or doorstep :)
or better yet douches, he live in wilmslow! posh times at ridgemont high.
I do actually have an offer of bunking down with moousee (still can't spell this)
for a couple of weeks. Not actually in bed with him though. The prude.
awwww
and i was just joking! the sweet beardy wierdy.
Sounds like you have a periodic tenacy
how often do you pay rent? This determines the period length of the tenancy and in turn the notice period that is required...
In general, you shouldn't have to give two months notice if you are paying rent more frequently (i.e. week to week, or month to month)
i got 2 months notice
but its not rolling as you say i have to agree 6 month periods min.
I pay on 1st of each month
So a month
in that case you should only have to give a month's notice
http://www.tenancyagreementservice.co.uk/ending-a-tenancy-agreement.htm#Ending-a-periodic-agreement
Needs to be in writing.
However, you should still consult your tenancy agreement as this may specify a notice period in the event of the fixed tenancy becoming periodic, and if it says 2 months then this will take precedence.
I sincerely doubt, considering what you've mentioned to me about this guy,
that he would bother chasing you for 'notice period' rent.