Served Notice of Termination - Is Tenant Bound By Notice Period

teddy b123

Basically as the thread title says
3 weeks ago I was served notice by my landlord to end my part 4 tenancy before a further part 4 tenancy commences.
I told the landlord I would like to terminate the tenancy earlier as a new place to live fell on my lap (hard to come by so I took it)
The landlord is requesting I pay rent for January
I’ve been advised by the RTB and threshold I do not need to pay rent for this month.
The landlord is ok with this if I can find the section in the relevant acts that says I’m not liable for this rent.
Anyone able to help me out here?

davo10

The RTB told you that you don't have to pay rent during your notice period? Are you sure that is what they said? Or did they say the notice period can be waived by mutual agreement?

Gumbo

The landlord is correct in requesting the rent and the RTB are incorrect.
You can both come to an agreement though and especially if they can get another tenant in place before the notice period expires.

I can’t believe the RTB told you thins info and people wonder why landlords get a bad name by sticking to their guns on other things.

teddy b123

kceire wrote: »

The landlord is correct in requesting the rent and the RTB are incorrect.
You can both come to an agreement though and especially if they can get another tenant in place before the notice period expires.

I can’t believe the RTB told you thins info and people wonder why landlords get a bad name by sticking to their guns on other things.

The landlord does not wish to relet the property.

They have advised that as I have been served notice by the landlord and that their notice specifies I “must vacate and give up possession of the dwelling on or before the termination date”

The RTB have claimed due to this notice, I am able to give up the property at any time without notice.

Gumbo

teddy b123 wrote: »

The landlord does not wish to relet the property.

They have advised that as I have been served notice by the landlord and that their notice specifies I “must vacate and give up possession of the dwelling on or before the termination date”

The RTB have claimed due to this notice, I am able to give up the property at any time without notice.

Yeah, the ‘on or before’ May help you here.
Be interesting to hear the outcome so keep us updated.

Browney7

The RTB example template states "on or before". What grounds has the landlord invoked for terminating the tenancy? If it's for family - happy days, he can move them in sooner. If it's for sale - happy days he can sell with no complications of a rogue tenant that exist "everywhere" judging by posts on this forum..... If it's for renovation he can start straight away.

Edit: see it's for preventing a further part IV. Above doesn't apply

dudara

It says “give up possession before or on”. It doesn’t strictly say that you can stop paying rent. So I can see that it’s a bit of a grey area.

Boater123

I would suggest that you have been given a notice of termination of your tenancy. In the NOT there is a termination date, up to which you are still liable for the rent.

The NOT also says that you can vacate and give up possession of the dwelling prior to the termination date, or on the date (and by omission, not after the date) but the termination date stays fast unless by mutual agreement

The LL can not terminate earlier than this date with out your agreement and vice versa. A clever LL would agree to an earlier date and working the rent pro rata if it meant getting back possession hassle free.

rossmores

I ended a few part 4's recently the day i issued them i sent an email stating the could leave anytime between the notice period in the RTB template all i would need is a couple of days notice no penalties its a time when the tenant needs absolute clarity, two have left in the last week best time to move in the current climate