How much notice do I have to give when ending a tenancy?

cheezy102

I have been in my current apartment for nearly 2 years. When we first moved in we were on a 6 month contract (the property was managed by the letting agent) but after the 6 months we were informed by the letting agent that the apartment was going up for sale and we would now be on a month to month rolling contract but we would have 2 months notice before we were evicted.

About 6 months ago we received a letter from the letting agent saying that the landlord would now be managing the property and I should contact the landlord directly. This change went fine and we started paying the landlord rent directly. Now we are wanting to move out at the end of this month but the landlord is kicking up a fuss because we havn't given a months notice. Can he demand another months rent? I thought being on a month to month contact meant you could move out anytime.

stolt

I'm on a similar thing with my rental 12 month contract, and now 18months into the rental i'm on a rolling contract, but as I understood I still had to give a months notice to terminate. If i can get myself sorted with a house its what i'll be doing

Soot2006

You need to give a full rental month notice to fall in line with a rent day.
So if you rent is due on the 1st every month, then you can give notice between now and 1st March and move on before 1st April (with full rent paid on 1st March) .... You can't tell him now that you want to move out at the end of Feb!

Edited to correct my mistake!

speedtwin

I agree I think it comes under section 5 of the housing act. But if you have a word with the L/L he may let you go early if he finds another tenant so you could ask him to start looking now and tell him you will be flexible and helpfull when it comes to tenants wanting to view.

If he wont do it you are under no obligation to allow any viewings until you leave but if you did that you may find the return of the deposit may not go as smoothly as you want.

Debt_Free_Chick

You have to give one full month's rental period notice - not calendar.

The rental period is one month from the date on which the rent is due, unless your contract states otherwise.

So, if the rent is due on the 18th of each month, you need to give notice now, to cover 18 Feb to 17 Mar, so you can move out on 18 March.

What is the date on which your rent is due?

When did you give notice?

50plusabit

Debt_Free_Chick wrote: »

So, if the rent is due on the 18th of each month, you need to give notice now, to cover 18 Feb to 17 Mar, so you can move out on 18 March.

Just a small point, but important....if your rent is due on 18th and your notice was given on or before the 18th Feb, you woiuld have to vacate on or before March 17th (last day) and not 18th as this would be a new month.

Look at your agreement, that will say wether it is a full rental months notice, or just one months.

Debt_Free_Chick

50plusabit wrote: »

Just a small point, but important....if your rent is due on 18th and your notice was given on or before the 18th Feb, you woiuld have to vacate on or before March 17th (last day) and not 18th as this would be a new month.

Look at your agreement, that will say wether it is a full rental months notice, or just one months.

Yes you're right - sloppy on my part. What I meant was "so you are out by the 18th" not "on" the 18th.

moneysavinmonkey

you have to give notice equal to the length of your 'rental period' starting on the day you pay rent.

So as other posters have said, in practice this usually means if you pay rent monthly on the 1st then you have to give your notice before 1st february in order to move out by 28th february.

However, you didn't say that your rental period was monthly, if you pay rent every week then the 'rental period' and hence the notice required is shorter.

tbs624

moneysavinmonkey wrote: »

you have to give notice equal to the length of your 'rental period' starting on the day you pay rent. ...

...except that if rent is paid weekly then four weeks notice must be given.

moneysavinmonkey wrote: »

.....However, you didn't say that your rental period was monthly, if you pay rent every week then the 'rental period' and hence the notice required is shorter.

Maybe you missed what the OP said:

cheezy102 wrote: »

... and we would now be on a month to month rolling contract but we would have 2 months notice before we were evicted....

which suggests that the T *is* paying monthly

Cheezy - your LL is right. If you are paying monthly then you have to give the equivalent of your full rental period's notice unless you are able to negotiate otherwise.

franklee

Surely unless the landlord has served a Section 21 notice already. Often this is done as routine shortly after the start of the tenancy.

cheezy102, Double check to see if you were served a S21 and see if the notice period specified in that is up (usually it's up at the end of the fixed term). In which case I don't think the LL can hold you.

elboono

i've read everything in this thread and I have a question that has still not been answered. The place I am currently renting was on a 12 month contract. This ended and then was renewed for a further year. That year has now expired and my landlord has not contacted me about a further rental agreement. The contract ended at the end of August and since then we have paid in September and about to pay now.

How much notice do we have to give?