Legal Debate!

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M
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Hi,

Can anyone confirm who is legally correct in this recent incident?

One of our housemates served us notice - he gave us the correct one months notice but wanted to leave the house 2 weeks before the end of his tenancy. His email stated:

"Please accept one months notice to terminate my contract. I propose to pay 2 weeks rent up until the 29th of this month to cover the outstanding rent up until the 14th of June, with a check out date of the 13th (time to be agreed)"

He was on a month by month AST and any notice has to coincide with a rent payment day. I responded with the following:

Our Agreement requires any notice to end on a rent payment day; your next payment (due on the 29th) will need to be for the full amount. The rent will cover you up until 28th June but if you leave prior to this date, we will consider reimbursing some monies if we are able to find another housemate".

We had no reply. We also sent him an 'end of tenancy' email detailing when the room inspection would take place and what would happen during this process. He still did not respond.

A day before his inspection was due to take place he contacted us by phone and said his original e-mail was a conditional offer and because we had not accepted his offer, and he had paid up until the 29th of the month (his rent due date), he was entitled to stay in the room until the 29th of the month.

Having believed that we had received written notice that he intended to end the tenancy agreement early and leave on the 13th we went ahead advertised and subsequently let his room from the 22nd. We have subsequently managed to resolve the issue amicably but he believes he is legally correct, that is, he has paid up to the 29th so he remains in tenancy and we think we are correct in that he gave written notice to terminate and leave early - any guidance on this issue would be greatly appreciated.

Kind regards

Skye Godfrey
16/06/2013 17:45

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