Moving out - One months Notice

budhabob

Hey All,

We are going to be moving soon for work reasons and I just have a quick question. We pay our rent at the start of the month for that month. If we are to give one months notice of moving out mid month, with the intention of moving out mid month the following month, can we just pay half a months rent? (ie give notice now to move out June 15th/16th, therefore pay for June 1st to 16th).

We have already informed the Landlord we will likely be moving out, we just havent had the opportunity to look anywhere yet.

What is the right practice here?

Apologies for any confusion, I'm not sure if I have explained myself well.

Regards,

Rob

odds_on

What type of lease agreement do you have?

If it is a fixed term lease you cannot just give a month's notice and leave and retain your deposit. A fixed term lease is just that, a contract for the full term of the agreement. However, you should get the landlord's written permission to "assign" the lease to someone else who will take over the remainder of the lease, ensuring the return of your deposit (less any damage over and above normal wear and tear).

If you have a Part 4 lease you may leave by giving the landlord the required notice in writing - the notice period depends on how long you have been in continuous occupation under any fixed term lease plus part 4 lease.

budhabob

odds_on wrote: »

What type of lease agreement do you have?

If it is a fixed term lease you cannot just give a month's notice and leave and retain your deposit. A fixed term lease is just that, a contract for the full term of the agreement. However, you should get the landlord's written permission to "assign" the lease to someone else who will take over the remainder of the lease, ensuring the return of your deposit (less any damage over and above normal wear and tear).

If you have a Part 4 lease you may leave by giving the landlord the required notice in writing - the notice period depends on how long you have been in continuous occupation under any fixed term lease plus part 4 lease.

Cheers for this, and apologies for leaving out that.

I dont think it is a fixed term lease, It states:
The term of the lease will run from 15/10/10.

Thats the only reference to length of term etc. We get on great with the landlady but just wanted to see what the options were exactly.

odds_on

budhabob wrote: »

Cheers for this, and apologies for leaving out that.

I dont think it is a fixed term lease, It states:
The term of the lease will run from 15/10/10.

Thats the only reference to length of term etc. We get on great with the landlady but just wanted to see what the options were exactly.

At the top/start of the lease how does it describe itself?
Usually it will commence "This is a ............. lease". Does it say "periodic" or what. However, What it says at the top does not necessarily mean that it is and can only be defined by the contents of the agreement.

In your case, without knowing the full details of the agreement, IMHO, you may have a Periodic lease on a month to month basis (as you pay the rent monthly) and therefore you can give one month's notice to vacate and retain your deposit. However, I must stress that this is my opinion without knowing all the terms of the lease.

Check with your landlady as to the month's notice and the return of your deposit in full etc. - there is no better person to ask and see what she says. Some landlords will agree to breaking a lease but forget to mention that the tenant will lose their deposit!

If she says something you are not happy with, post again

budhabob

odds_on wrote: »

At the top/start of the lease how does it describe itself?
Usually it will commence "This is a ............. lease". Does it say "periodic" or what. However, What it says at the top does not necessarily mean that it is and can only be defined by the contents of the agreement.

In your case, without knowing the full details of the agreement, IMHO, you may have a Periodic lease on a month to month basis (as you pay the rent monthly) and therefore you can give one month's notice to vacate and retain your deposit. However, I must stress that this is my opinion without knowing all the terms of the lease.

Check with your landlady as to the month's notice and the return of your deposit in full etc. - there is no better person to ask and see what she says. Some landlords will agree to breaking a lease but forget to mention that the tenant will lose their deposit!

If she says something you are not happy with, post again

Cheers, I understand what you are saying. I'll have a chat to her soon about it. All the lease states at the top is "Tenancy Agreement made on the "Date"".

I'll post again if I have any issues, cheers.

fasttalkerchat

We gave a previous landlord half a months rent but he didn't accept it. He was happy enough because we had paid all bills and no one was moving in for another few weeks.