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carebear.1981
22-04-2008, 09:26 AM
Hi all

We will be moving into our new house shortly and on Friday 18th April I gave written notice to our current letting agent.

Our letting agent has replied stating that the notice period will run from the rent due date (29th April) and therefore the tenancy will expire on 29th May.

I have double check the "ending the tenancy" part of our agreement and it states we have to give 1 months written notice. It does not state anything about this notice period being a calendar month or running from the rent due date. I would therefore take it to mean that the tenancy will therefore end on 18th May, 1 month after I gave written notice.

I don't want to reply to the email from my letting agent without some more information, as if I am wrong I don't want to get her back up unnecessarily, but if I am right I want to go to her armed with correct information to enable us to get back our deposit with minimum fuss.

Thanks for any help

agent46
22-04-2008, 09:51 AM
Are you still in the fixed term of your tenancy, or has it lapsed into a "periodic"?

carebear.1981
22-04-2008, 09:55 AM
Are you still in the fixed term of your tenancy, or has it lapsed into a "periodic"?

The fixed term has lapsed and we are into a periodic tenancy.

jta
22-04-2008, 10:12 AM
The agent is in the right I'm afraid, you have to give a notice of one month if you are in a periodic tenancy starting from when the rent is next due.

carebear.1981
22-04-2008, 10:18 AM
The agent is in the right I'm afraid, you have to give a notice of one month if you are in a periodic tenancy starting from when the rent is next due.

Does it not need to state this in the tenancy agreement? If not, this is very misleading.

housed
22-04-2008, 10:29 AM
I would give your notice now and state that it expires on 28th May. If your rent is due monthly you have to give at least 1 months notice expiring on the last day or first day of a new tenancy period.

jta
22-04-2008, 10:34 AM
You have passed from a AST to a periodic tenancy, if you were still in the AST period you would have been able to leave at the end of the agreement without giving any further notice, by going over the period of the AST you have entered into a situation where you have to give the LL one month's notice as specified, if he wants you to leave he has to give you two months notice, those periods are rent periods
There's plenty of threads on here for you to read to see how it works, it seems to be a reasonably fair situation to me.

carebear.1981
22-04-2008, 10:43 AM
You have passed from a AST to a periodic tenancy, if you were still in the AST period you would have been able to leave at the end of the agreement without giving any further notice, by going over the period of the AST you have entered into a situation where you have to give the LL one month's notice as specified, if he wants you to leave he has to give you two months notice, those periods are rent periods
There's plenty of threads on here for you to read to see how it works, it seems to be a reasonably fair situation to me.

I'm not saying it's unfair, I just think the wording in the tenancy agreement is misleading! I have only ever rented once before and left at the end of the AST.

If this is standard practice, why is it not standard practice to include it in the tenancy agreement so that tenants know exactly where they stand? I didn't have a clue about any of this before I came on here.

It is certainly something I will double check in future. I know the landlords we are going to be renting from only ask for 4 weeks written notice starting on the date the notice is given, not the rent due date, but will bear this in mind for any future properties.

Esio Trot
22-04-2008, 11:32 AM
If this is standard practice, why is it not standard practice to include it in the tenancy agreement so that tenants know exactly where they stand? I didn't have a clue about any of this before I came on here.

This is a matter covered by statute, not so much the tenancy agreement.

Housing law in relation to tenancies runs to thousands of pages, and for both landlords and tenants (but more so landlords) ignorance of the law is never a defence. It would be impractical to include matters of statute - tenancy agreements tend to be long enough anyway.