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how much notice on a short term assured tenancy

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bazwillrun | 10:16 Tue 10th Mar 2009 | Law
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My tenancy agreement expires on 19 July 2009. I pay my rent monthly and intend giving 1 months written notice on the 19th of March that i will be moving out on 19th April.

I have read my agreement and can see nothing regarding notice periods or early termination, can they insist on me paying the reamining months ?
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What do you mean, you cant see anything regarding early termination? You have a termination date of 19th July, and a contract that says you are going to pay rent till then. of course they can (and will) make you pay for the remaining months. You have agreed by signing the contract to pay either 12 months at x amount or 6 months at x amount, therefore they will expect you to pay this, or take you to court. Your only hope is that they find someone else to move in on the 19th April
its usually 2 months notice i believe - the more the better if the property needs to be filled unexpectedly
The whole point of a short term assured tenancy is that is it assured for that period. If yours runs out on 19 July they can (and will) expect you to pay until that date.
No harm in giving notice on 19th March but you'll be liable for rent (and other costs) up until the end of the agreement (19th July). That's what your tenancy states and its a legal agreement between you and the landlord.

If you'd gone past the fixed term onto a rolling contract (a periodic tenancy) then you would only have had to give one months notice but this isn't the case from what you say.

In the current climate, where landlords are struggling to find tenants, I honestly can't see you being let off with the rent up until the end of your term. Even if the landlord agrees to try and find someone you'll be liable for the rent etc plus their advertising costs up until the end of the tenancy or until a suitable tenant is found.
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ok thanks

The reason i'm moving out is because I have lost my job and cant afford the place, and have been given somewhere by a friend to stay that is free.

They can take me to court if they want but they cant get what I dont have !
Can't you claim housing benefit for the remainder of the tenancy? It's not very fair on the landlord is it?
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The landlords of this property own about 10 flats in the building i am in and literally dozens upon dozens of other domestic and business properties, they are a big property investment company so its not like its a private person renting out a sole flat and relying on the income to survive.

At the end of the day I do whats right and best for me so fairness doesnt enter into the equation.

Pretty sure i'm not elligible for HB
If you are not eligible for HB you must have sufficient money to be able to pay the rent yourself. You entered into a contract & you now seem to wish to ignore the terms of what you signed.

The likelihood is that you will be taken to Court, get a CCJ against you (with costs added on to the debt) and end up with a bad credit record for the next 6 years. Then when you want to rent again you'll find you can't.

Put your brain into action & think again about what you propose to do.
Many people who are not eligible for housing benefit find that they can't pay rent they intially thought they could. this is because they are not clarivoyant , things can change but they don't have the gift of second sight to see that that is going to be so. Don't be so damned judgemental, it could happen to anyone, and imho she's doing the sensible thing and vacating whilst she can. Talk to your landlords as soon as possible baz and explain your circumstances to them, and you might find that they are sympathetic, especially if they can rent the place seemlessly. I've had several tnants of mine do this and i'd rather they do that than hang about running up rent arrears i'll never get off them.
If you are going to make a claim for benefit (Jobseekers allowance) you may be entitled to housing benefit.

Failing that you may be entitled to housing benefit on the grounds of low income.
>They can take me to court if they want but they cant get what I dont have

Not quite true, because the debt will always follow you, so if you don't pay it now you'll still have to pay it later, possibly when you get another job. And, as has been previously said, you wont be able to rent or get a mortgage in the future with a bad credit record.

Oh, and I'm not being 'judgemental' as obNOXious says, just stating facts. He is right though in that you should talk to your landlord (and I stress talk as opposed to simply giving notice). Good luck.
Go and talk to the agent, or whoever you deal with.

Explain your situation, and ask what is required in your contact.

You might find they are human if you are up front with the situation.

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