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Notice Period

Hello all


I currently rent a property with my partner. We moved in on the 20th January 2015 and at the time we paid one extra weeks rent so we could ensure it was paid on time (as we got paid on 25th). They agreed to this and since we have been paying the rent on the 27th of every month.


We now wish to vacate the property and another property we wish to rent has became available from the beginning of next month (around the 14th). We would like to give notice on our current property (one month) but this kicks in on the 27th - so if we were to hand in notice now, we have to give one months clear rental month - so leave date would be 27th April. I am arguing that our rental month is the 20th - the payment of an extra weeks rent was made to delay the payment slightly.


The estate agent has put in an email that when my contract ended (after 12 months) I went on a rolling contract from 28th - 27th of every month, I then (imo rightly so) asked if I was in fact on a 12 month 1 week contract.


Does anyone have any clue where I stand here? I do not want to annoy my LL or the EA but feel like they are making it hard to get any sort of new property as when things become available I cant just give a months notice (unless it falls at exactly the right time). I understand this is written into my contract but as far as I am concerned my contract ended on the 20th (with the additional weeks payment to be taken off the last months rent).


Thanks in advance guys.
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Comments

  • Guest101
    Guest101 Posts: 15,764 Forumite
    If you moved in on the 20th, your rental periods run from the 20th - 19th of each month assuming your tenancy was indeed 12 months.
  • Pixie5740
    Pixie5740 Posts: 14,515
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    If your contract started 20th January 2015 then your tenancy periods are 20th to 19th of each month since you pay your rent monthly. If the letting agent is claiming otherwise then (s)he is talking bollox. It's the date the contract starts that's important not the date you pay your rent on.
  • wizzywig27
    wizzywig27 Posts: 1,536
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    Yes, but the tenancy agreement states that at least 1 months notice must be given before the rent due date and the rent is due on 27th - but only because we paid an extra weeks rent.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    wizzywig27 wrote: »
    Yes, but the tenancy agreement states that at least 1 months notice must be given before the rent due date and the rent is due on 27th - but only because we paid an extra weeks rent.

    Is that the exact wording, because it's meaningless.


    I suspect the rent is due prior to the 27th in any case, it just so happens that you are 1 week in credit every time you pay rent.
  • Pixie5740
    Pixie5740 Posts: 14,515
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    wizzywig27 wrote: »
    Yes, but the tenancy agreement states that at least 1 months notice must be given before the rent due date and the rent is due on 27th - but only because we paid an extra weeks rent.

    It would have been helpful to tell us what the tenancy agreement says in your opening post. What is the rent due date as stated in the tenancy agreement?
  • wizzywig27
    wizzywig27 Posts: 1,536
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    edited 13 March 2017 at 4:08PM
    The wording in my contract is:


    2.5 Ending the Tenancy


    2.5.1 If the Tenant intends to vacate at the end of the fixed term, or at any later date, he agrees to give the Landlord at least two months prior notice in writing.


    2.5.2 While the tenancy is periodic the two months notice must expire the day before a Rent Due Date.


    The LA has just now said you should be giving two months notice, but in practice one month is fine.


    My contract states rent is due on 20th of the Month
  • Guest101
    Guest101 Posts: 15,764 Forumite
    wizzywig27 wrote: »
    The wording in my contract is:


    2.5 Ending the Tenancy


    2.5.1 If the Tenant intends to vacate at the end of the fixed term, or at any later date, he agrees to give the Landlord at least two months prior notice in writing.


    2.5.2 While the tenancy is periodic the two months notice must expire the day before a Rent Due Date.


    The LA has just now said you should be giving two months notice, but in practice one month is fine.


    My contract states rent is due on 20th of the Month


    so whats the issue?
  • G_M
    G_M Posts: 51,977
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    wizzywig27 wrote: »
    2.5 Ending the Tenancy

    2.5.1 If the Tenant intends to vacate at the end of the fixed term, or at any later date, he agrees to give the Landlord at least two months prior notice in writing.

    2.5.2 While the tenancy is periodic the two months notice must expire the day before a Rent Due Date.

    ......

    My contract states rent is due on 20th of the Month
    Seems clear.

    * You appear to have a Contractual Periodic Tenancy.

    * The contract requires 2 months notice

    * the notice must end the day before the rent due date

    * the rent due date is 20th.

    What is unclear?
  • wizzywig27
    wizzywig27 Posts: 1,536
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    The problem is the fact they are saying rent due date is 27th and not 20th.

    We could push contractually it's the 20th as per our tenancy agreement but they could then say your rent is has been late every month for pay 26 months - spiteful but they could do it?!

    They are willing to accept one months notice, if we start pushing contractually payment due date is 20th they could enforce section of contract which states two months notice could they not? (Even though theyve put in an email one is enough)
  • Guest101
    Guest101 Posts: 15,764 Forumite
    wizzywig27 wrote: »
    The problem is the fact they are saying rent due date is 27th and not 20th. - Oh no, not a disagreement.

    We could push contractually it's the 20th as per our tenancy agreement but they could then say your rent is has been late every month for pay 26 months - spiteful but they could do it?! - tell who?

    They are willing to accept one months notice, if we start pushing contractually payment due date is 20th they could enforce section of contract which states two months notice could they not? - yes (Even though theyve put in an email one is enough)


    Well you cant have it both ways. Either either 1 month from 27th or 2 month from 20th
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