handing in notice

anotherpaul_2

clairet707 wrote: »

Do we just give them 1 and state the law or do we play ball and give 2?

You might have less of a fight over the deposit if you give 2 months notice. If it's not a problem, I'd just do that.

If you're going to try and give 1 months notice, I'd suggest taking legal advice first (CAB?), so you are aware of any drawback this may give you.

stolt

Planner wrote: »

If the rent date and the date in the month that the fixed term ended are the same then yes. So did your fixed term come to an end on the 17th of a particular month?

If not then your need to give one full calander month notice ending on that date and not the rent due date. They are often the same but not always.

ive based i on when we moved in ie the 17th september so our year was up in september 2008 so we have just a rolling contract at the moment, well actually i havent signed anything other than the intial contract for 12months back in 2007. So thought it would be best that at least a month is given. I suppose we could send out letter off now and say we want to move out on the 17th March .

Planner

stolt wrote: »

ive based i on when we moved in ie the 17th september so our year was up in september 2008 so we have just a rolling contract at the moment, well actually i havent signed anything other than the intial contract for 12months back in 2007. So thought it would be best that at least a month is given. I suppose we could send out letter off now and say we want to move out on the 17th March .

You might think you re doing your LL a favour by getting longer than necessary notice but it could back fire.

I once found out I was going to have to move for work reasons and so give something like seven weeks notice. I then had seven weeks worth of harrassement for 'viewings'/'inspections' etc, rather than the 4 weeks worth if I had given the minimum notice. If you give some LLs an inch, they will try and hang you with it.

50plusabit

Legally you only need to give 1 months notice from the date you signed the contract, end of. If you wish to give longer notice then thats up to you. It must always be in writing, I would advice emailing or calling saying you are giving notice, give the details and say you will be following it up in writing.

If you do not want viewing to be done when your are at work, or at any certain time, inform the agents of this, you are with in your right. If they get difficult then write to them stating as they are not being reasonable, you are withdrawing permission for viewing totally. Again you are with in your rights.
Remember to cancel your standing order.

anotherpaul_2

stolt wrote: »

ive based i on when we moved in ie the 17th september so our year was up in september 2008 so we have just a rolling contract at the moment, well actually i havent signed anything other than the intial contract for 12months back in 2007. So thought it would be best that at least a month is given. I suppose we could send out letter off now and say we want to move out on the 17th March .

Did you move in on the first day of the contract? The move in date isn't relevant - the date that the fixed term of the contract ends is the key date. It's important that you serve notice for the correct date otherwise your notice could be argued to be invalid.

speedtwin

Planner wrote: »

NO NO NO. Ending on the same date in the month the fixed term ended.

Question

The rental period in the eyes of the law regarding a s21(4)(a) would be the dates you pay the rent which may or may not be the day of the month you moved in.
So why is the months notice the tenant has to legally give worked out from a differant period if the rent due dates dont fall in line with the move in date??

Planner

speedtwin wrote: »

Question

The rental period in the eyes of the law regarding a s21(4)(a) would be the dates you pay the rent which may or may not be the day of the month you moved in.
So why is the months notice the tenant has to legally give worked out from a differant period if the rent due dates dont fall in line with the move in date??

Think you are confused on two accounts;

1) s21 has nothing to do with a tenant handing in notice.

2) To simplyfy, there are two important pieces of infomration when a LL serves a s.21 - the rental period and the last day of a period of the tenancy. The rental period in the eyes of the law if the frequency you pay the rent, not the date when you pay the rent. This governs the length of notice that a LL must then give. The second part then requires the dates of a tenancy period, the dates of the tenancy period are when it started and when it ended, this is governed not by rent payments put by the date when the fixed term came to an end.

The law doesnt recognise 'part periods' in a tenancy, which is the situation that could arise if the payment of rent date is used for notices rather than the date on which the fixed term would end.

speedtwin

Planner wrote: »

Think you are confused on two accounts;

1) s21 has nothing to do with a tenant handing in notice.

2) To simplyfy, there are two important pieces of infomration when a LL serves a s.21 - the rental period and the last day of a period of the tenancy. The rental period in the eyes of the law if the frequency you pay the rent, not the date when you pay the rent. This governs the length of notice that a LL must then give. The second part then requires the dates of a tenancy period, the dates of the tenancy period are when it started and when it ended, this is governed not by rent payments put by the date when the fixed term came to an end.

The law doesnt recognise 'part periods' in a tenancy, which is the situation that could arise if the payment of rent date is used for notices rather than the date on which the fixed term would end.

I know a tenant giving notice is compleatly differant to a landlord servind notice via a s21. I just wondered if the rules governing a periodic s21 regarding the rental period (which can be differant to the day of the month they moved in) applied to the tenant as well.

So if a ast was 1st jan - 30th june but the rent paid 10th to 9th each month (due to pay dates and the tenant paying 9 days at the start of the tenancy)and was now periodic any s21(4)(a) two months notice would have to end on the 9th of the month.
But does the tenants one months notice have to run 1st - 31st or 10th - 9th.

Planner

Tenants notice always has to fall in line with the date in the month the fixed term ended.

franklee

speedtwin wrote: »

So if a ast was 1st jan - 30th june but the rent paid 10th to 9th each month (due to pay dates and the tenant paying 9 days at the start of the tenancy)and was now periodic any s21(4)(a) two months notice would have to end on the 9th of the month.
But does the tenants one months notice have to run 1st - 31st or 10th - 9th.

In this case a period for the tenancy runs from the 1st to the 31st so notice from both the landlord and the tenant would run till the 31st. (Or 30th or 28th etc. depending on the month). The date rent is paid is not relevant. Remember to allow time for delivery so always best to be a few days early in serving if there is time.

Why some landlords here keep saying rent date I do not know. I presume they are lax assuming the rent date matches, but it needn't as often the rent date is tweaked to match salary payments or whatever.