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  • FIRST POST
    • wizzywig27
    • By wizzywig27 13th Mar 17, 3:46 PM
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    wizzywig27
    Notice Period
    • #1
    • 13th Mar 17, 3:46 PM
    Notice Period 13th Mar 17 at 3:46 PM
    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.
Page 1
    • Guest101
    • By Guest101 13th Mar 17, 3:49 PM
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    Guest101
    • #2
    • 13th Mar 17, 3:49 PM
    • #2
    • 13th Mar 17, 3:49 PM
    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
    • By Pixie5740 13th Mar 17, 3:50 PM
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    Pixie5740
    • #3
    • 13th Mar 17, 3:50 PM
    • #3
    • 13th Mar 17, 3:50 PM
    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.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • wizzywig27
    • By wizzywig27 13th Mar 17, 3:53 PM
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    wizzywig27
    • #4
    • 13th Mar 17, 3:53 PM
    • #4
    • 13th Mar 17, 3:53 PM
    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
    • By Guest101 13th Mar 17, 3:56 PM
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    Guest101
    • #5
    • 13th Mar 17, 3:56 PM
    • #5
    • 13th Mar 17, 3:56 PM
    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.
    Originally posted by wizzywig27
    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
    • By Pixie5740 13th Mar 17, 3:58 PM
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    • #6
    • 13th Mar 17, 3:58 PM
    • #6
    • 13th Mar 17, 3:58 PM
    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.
    Originally posted by wizzywig27
    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?
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • wizzywig27
    • By wizzywig27 13th Mar 17, 4:05 PM
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    wizzywig27
    • #7
    • 13th Mar 17, 4:05 PM
    • #7
    • 13th Mar 17, 4:05 PM
    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
    Last edited by wizzywig27; 13-03-2017 at 4:08 PM.
    • Guest101
    • By Guest101 13th Mar 17, 4:11 PM
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    • #8
    • 13th Mar 17, 4:11 PM
    • #8
    • 13th Mar 17, 4:11 PM
    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
    Originally posted by wizzywig27

    so whats the issue?
    • G_M
    • By G_M 13th Mar 17, 4:28 PM
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    G_M
    • #9
    • 13th Mar 17, 4:28 PM
    • #9
    • 13th Mar 17, 4:28 PM
    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
    Originally posted by wizzywig27
    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
    • By wizzywig27 13th Mar 17, 4:30 PM
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    wizzywig27
    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
    • By Guest101 13th Mar 17, 4:33 PM
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    Guest101
    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)
    Originally posted by wizzywig27

    Well you cant have it both ways. Either either 1 month from 27th or 2 month from 20th
    • wizzywig27
    • By wizzywig27 13th Mar 17, 4:39 PM
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    wizzywig27
    Guest101 you seem quite offended by my questions?! I'm sorry if my level of contractual law is not at the level of yourself - that's why I have came on here!

    I am trying to type this on a phone so sorry if it seems you have to squeeze info out of my, however some of the info only came to light AFTER I had made the original post
    • Guest101
    • By Guest101 13th Mar 17, 4:42 PM
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    Guest101
    Guest101 you seem quite offended by my questions?! - not at all, it's not your fault. Unfortunately education in this country doesn't prepare people for life. I'm sorry if my level of contractual law is not at the level of yourself - that's why I have came on here! - I know, but we've been answering your questions.

    I am trying to type this on a phone so sorry if it seems you have to squeeze info out of my, however some of the info only came to light AFTER I had made the original post
    Originally posted by wizzywig27




    Sure thing.


    My point is, you have a written contract that states your rights and responsibilities. You can use that.


    Or you can agree an alternative (e.g. what agents suggestion of one month notice from the 27th)
    • Pixie5740
    • By Pixie5740 13th Mar 17, 4:45 PM
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    Pixie5740
    It's what your tenancy agreement says that is important. The contract can't be changed unilaterally by one party. For example, the contract states that rent is due on the 20th of each month. The letting agent can't unilaterally decide that your tenancy periods run from 27th to 26th rather than 20th to 19th just because you chose to pay your rent a week late every month.

    Similarly the notice period cannot be unilaterally changed. You have the options of agreeing with the letting agent (one month's notice starting 27th), sticking with the tenancy agreement (2 month's notice starting 20th), or negotiating something else with the landlord/letting agent. Take your pick.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • Pixie5740
    • By Pixie5740 13th Mar 17, 4:46 PM
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    Pixie5740
    deja vu

    http://forums.moneysavingexpert.com/showthread.php?t=5606869
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • G_M
    • By G_M 13th Mar 17, 4:48 PM
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    • 46,415 Thanks
    G_M
    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)
    Originally posted by wizzywig27
    Was the original contract amended either
    * by specifying a different start and/or end date, or
    * by specifying a different rent due date?

    If there was simply an informal agreement that rent could be paid on 27th (ie a week late) that does not alter the fact that it was due on the 20th. The LL/agent simply agreed to late payment.

    And even if they claim it has been paid late every month, so what? Have they chased you for late payment? I suspect not. So why does it matter?

    Is the agent/LL accepting 1 months notice?

    The problem you have is that if you make waves by insisting on the 20th, when they want the 27th, you may raise the other issue of two (not one) monthsmotice......
    • G_M
    • By G_M 13th Mar 17, 4:49 PM
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    G_M
    Thanks pixie.

    God what a waste of all out time!

    http://forums.moneysavingexpert.com/showthread.php?t=5606869
    • Guest101
    • By Guest101 13th Mar 17, 4:51 PM
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    Guest101
    Thanks pixie.

    God what a waste of all out time!

    http://forums.moneysavingexpert.com/showthread.php?t=5606869
    Originally posted by G_M


    And then I wonder why I'm getting more blunt with my replies....
    • wizzywig27
    • By wizzywig27 13th Mar 17, 4:52 PM
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    wizzywig27
    Our*

    See what you mean about education in this country.

    The original post was regarding notice on a contract based on the wording, nothing to do with the 27th and my payment date etc.
    • wizzywig27
    • By wizzywig27 13th Mar 17, 4:54 PM
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    wizzywig27
    Different thread with different circumstances! Thanks though. There any more posts you can rake up in there whilst you are looking?
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