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Giving notice to landlord advice please

Originally signed a 6 month lease on my flat which expired on the 23rd Oct. Was originally going to sign another 6 months, but my flatmate quit his job and refused to get another one, so I am moving out. Its my name on the (now expired) lease.

Spoke to the agency today and they said I have to stay until the 23rd of jan as I have to give a months notice. Anyone able to advise me on this? (CAB arent answering the phone!) Dont really want to pay another months rent, especially as I will have to pay the whole lot as my flatmate is leaving.
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Comments

  • sooz
    sooz Posts: 4,560 Forumite
    The agency is right. You are on a periodic tenancy, & must give one month's notice, to end the day before a rent day.
    So you originally signed on 24th of the month, & pay your rent on the same day. Unfortunatly you're 10 days late to give your notice to move out on 23rd December, so the earliest you can now give notice is for 23rd Jan. Make sure the agency get that in writing well before 23rd December.

    If you and jobless flatmate signed the contract together, he too is liable for the rent. Make sure that you both give notice, & that he leaves too. You don't want to have to keep paying for him to live there.
  • I am not saying my advice is correct but if you had an Assured Shorthold Tenancy Agreement for 6 months and have not renewed this in any way, then that period has expired and you are currently without any agreement in place. Try and read the terms and conditions on the AST - maybe the agent should have been in contact to invite you to renew and hasn't done so. There may be some omission on his / her part?

    Advice from CAB would be good or even local council housing dept?
  • sooz
    sooz Posts: 4,560 Forumite
    bellajack wrote: »
    I am not saying my advice is correct but if you had an Assured Shorthold Tenancy Agreement for 6 months and have not renewed this in any way, then that period has expired and you are currently without any agreement in place. Try and read the terms and conditions on the AST - maybe the agent should have been in contact to invite you to renew and hasn't done so. There may be some omission on his / her part?

    Advice from CAB would be good or even local council housing dept?
    .

    No - it becomes a statutory periodic tenancy
  • OK thanks for that I will stand corrected!
  • Why not try to talk with the agency and enquire if you're able to find a suitable replacement and they move in prior to the 23rd of Jan if you can be released of your fiscal obligation?
  • Hi

    We need to give a month's notice on our flat. We moved in on 21st of the month over three years ago and have been on periodic tenancy since March 2007 but pay on 1st of the month.

    Which of the two is the critical date for the notice period? i.e. If I give notice right now will we have to pay until the end of February or until 20th March?

    Thanks in advance.
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    Sergio1982 wrote: »

    We need to give a month's notice on our flat. We moved in on 21st of the month over three years ago and have been on periodic tenancy since March 2007 but pay on 1st of the month.

    Which of the two is the critical date for the notice period? i.e. If I give notice right now will we have to pay until the end of February or until 20th March?
    It looks like your rent period is 21st to 20th. The rent day is not always the same. but you have to check your contract and any correspondence to confirm the rent period. I would think if you give notice now, your moveout is 20th March and you will pay your last rent on 1st March for period 21st Feb to 20th March.

    However only you, your LL and his Agent will know for sure.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • My tenancy is 6 months, which is due to end on the 14th June. I went yesterday to say I wouldn't be extending the contract, and they said no you must give a months notice? I've given them 3 weeks, but can they really do this?
  • gareth890 wrote: »
    My tenancy is 6 months, which is due to end on the 14th June. I went yesterday to say I wouldn't be extending the contract, and they said no you must give a months notice? I've given them 3 weeks, but can they really do this?

    Yes. See posts above.
  • F&L
    F&L Posts: 570 Forumite
    Are you sure? I thought you don't have to give notice if within the term of the original tenancy i.e. you took out a six month AST on 14 December 2009. It's rather unfair on the landlord though as it gives them less time to find another tenant.
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