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Oct, 2014

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  1. #1

    Default how much notice do i have to give my Landlord to leave the property???

    Please can somebody help me as i have had quite a bit of advice but it seems to be mixed and cant get a definite answer.
    My problem is i moved into a property with a Property Lettings Management in August 2010 on a 6 month contract this expired in February 2011 but even though i never signed nor was asked to re-sign a contract or tenancy agreement i continued to live in the property and paying the rent via Housing Benefit and i make up the rest of the rent myself, however i have now found another property closer to my family and work and that is a lot cheaper then where i am currently renting.
    I telephoned the Agents on Monday to ask how much notice i had to give as i want to leave the property as soon as possible and was told i have to give 2 months written notice but i have been advised that because i do not have a current contract i am what is called a periodic tenant (i think thats what they said) and they also advised that basically i have a month to month rolling contract and therefore only need to give 4 weeks notice not the 2 months the landlord is asking for.
    Who is giving me the correct information as im really confused i have already told my new landlord that i will be moving into that property on the 8th July.
    I gave my current landlord a written notification today 7th June
    I live in england and i my contract ended on the 8th February 2011
    I didnt pay a full deposit when i moved in but have been making small regular payments towards it.

    the agents have also advised me that if i do leave the property before the 2 months i will be liable to pay them the rent up until the 8th August and advertising fees, i have already said to the agent that i cant afford to do that and am more than willing to open the property to potential tenants so they can view especially if it means i dont have to pay the extra rent again can they do this or are they just trying scare tactics
    Last edited by ange2306; 07-06-2011 at 21:38 PM. Reason: extra information

  2. #2
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    Assuming this tenancy is in England or Wales, please supply exact start and end dates of the original six month tenancy and tell us what your contract said about the frequency of rent payments (i.e. did it specify monthly or four weekly?)
    How is education supposed to make me feel smarter? Besides, every time I learn something new, it pushes some old stuff out of my brain. Remember when I took that home winemaking course, and I forgot how to drive? Homer Simpson

  3. #3

    Default

    the tenancy is in England.
    the start date of my contract according to the agents is the 8th of August 2010 even though they had tenants living there then and i didnt move into the property until the 23rd August.
    the end date of my contract was the 8th February 2011.
    and the frequency of rent payments was £545 per calendar month

    hope this helps you to advise me
    thanks you for replying

  4. #4
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    If your fixed term definitely ended on 8th February, that means your statutory periodic, or 'rolling' tenancy began on 9th February and the rental periods run from the 9th of one month to the 8th of the next one. That means that you should be OK if you have given notice today (by hand or by email, at least) because you must give one month's notice (not four weeks, or two months!) to expire on the last day of a rental period, ie. on July 8th...which you have done.

    This means you should pay the rent up to and including July 8th and move out on/by that date.

    The only thing which might be problematic is that your tenancy appears to be for six months and a day (usually it is exactly six months), but given that you moved in late (due to LL error) I don't think it should be a problem.

    How exactly did you give your LL notice?
    How is education supposed to make me feel smarter? Besides, every time I learn something new, it pushes some old stuff out of my brain. Remember when I took that home winemaking course, and I forgot how to drive? Homer Simpson

  5. #5
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    If your fixed term definitely ended on 8th February, that means your statutory periodic, or 'rolling' tenancy began on 9th February and the rental periods run from the 9th of one month to the 8th of the next one. That means that you should be OK if you have given notice today (by hand or by email, at least) because you must give one month's notice (not four weeks, or two months!) to expire on the last day of a rental period, ie. on July 8th...which you have done.
    Are you able to point to some legislation to support the need for tenant notice to end on (the day before) a rent day ?
    My experience of the courts is that as a landlord I am required to give 2 months notice ending on a rent day. However when I have tried to claim rent to the next rent day from a tenant who failed top give notice until the day after rent was due the judge told me that the tenant could give a rent period of notice that could start/end at any point and not just on a rent day.

    Also you state that the tenant only needs to give one rent period of notice. I realise this is the default notice period for an AST however if the actual agreement specifies a longer period (in this case two months if its mentioned in the tenancy agreement) then I am not 100% convinced this contractual term is not valid.

    To be honest I just get the impression the legal system doesn't know the rules on this and there is no consistency in interpretation.

    Troll

  6. #6
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    Are you able to point to some legislation to support the need for tenant notice to end on (the day before) a rent day ?
    Yes. The Housing Act 1988. Assuming rent is reserved monthly, the tenant must give at least one month's notice to end at the end of a rental period, unless of course the LL is willing to accept less.

    My experience of the courts is that as a landlord I am required to give 2 months notice ending on a rent day. However when I have tried to claim rent to the next rent day from a tenant who failed top give notice until the day after rent was due the judge told me that the tenant could give a rent period of notice that could start/end at any point and not just on a rent day.
    I have no idea why he decided that was the case. Perhaps he felt sorry for your tenant. Perhaps he was confused about the kind of tenancy it was.

    Also you state that the tenant only needs to give one rent period of notice. I realise this is the default notice period for an AST however if the actual agreement specifies a longer period (in this case two months if its mentioned in the tenancy agreement) then I am not 100% convinced this contractual term is not valid.
    Be convinced. Statute overrides any contractual term inserted by the LL/agent.


    To be honest I just get the impression the legal system doesn't know the rules on this and there is no consistency in interpretation.
    I think that is probably an exaggeration.

    Troll
    Probably not the best way to sign off, if you want people to respect the advice you give?

  7. #7
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    Quote Originally Posted by ange2306 View Post
    the tenancy is in England.
    the start date of my contract according to the agents is the 8th of August 2010 even though they had tenants living there then and i didnt move into the property until the 23rd August.
    Is 8th August the date you signed the contract or the date that the fixed term commenced under the terms of the contract?

    the end date of my contract was the 8th February 2011.
    Does the contract actually specify this date as the end date?

    You say you gave notice on 7th June. What date does the notice say it expires?

  8. #8
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    Quote Originally Posted by I eat Billy Goats View Post
    Are you able to point to some legislation to support the need for tenant notice to end on (the day before) a rent day ?
    My experience of the courts is that as a landlord I am required to give 2 months notice ending on a rent day. However when I have tried to claim rent to the next rent day from a tenant who failed top give notice until the day after rent was due the judge told me that the tenant could give a rent period of notice that could start/end at any point and not just on a rent day.

    Also you state that the tenant only needs to give one rent period of notice. I realise this is the default notice period for an AST however if the actual agreement specifies a longer period (in this case two months if its mentioned in the tenancy agreement) then I am not 100% convinced this contractual term is not valid.

    To be honest I just get the impression the legal system doesn't know the rules on this and there is no consistency in interpretation.

    Troll
    County court judgments can be inconsistent. One judge will have a better grasp of L&T law than another.

    Provisions for notice in the expired fixed term contract do not carry through into a statutory periodic tenancy. They would only carry through if the contract provided for a contractual periodic tenancy following the fixed term.

    When an AST becomes a statutory periodic tenancy, LL's s.21(4)(a) notice must give at least two months, also expiring at the end of a tenancy period (you can check this in the section itself). T's notice to quit must be at least one month, also expiring at the end of a tenancy period.

    The tenancy periods begin the day after the last day of the fixed term, and their length is based on the frequency with which rent is payable. Whilst tenancy periods and rental periods often coincide, this is not always the case.

    E.g. 6 month term commencing 15th Jan, rent payable on 1st of the month (rent paid pro rata up to 31st Jan). Tenancy periods begin 15th July, and run 15th - 14th of the month. LL/T notice must expire on 14th of the month.

  9. #9
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    westminster - do you agree with me that in this case OP has validly served notice to expire on 8th July?
    How is education supposed to make me feel smarter? Besides, every time I learn something new, it pushes some old stuff out of my brain. Remember when I took that home winemaking course, and I forgot how to drive? Homer Simpson

  10. #10
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    Quote Originally Posted by mind the gap View Post
    westminster - do you agree with me that in this case OP has validly served notice to expire on 8th July?
    I don't know. OP needs to confirm what day the fixed term actually expired, and the date her notice to quit actually expires.

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