handing in notice

stolt

we took out a yearly contract and moved in on the 17th september 2007, so after september 2008 its been a rolling one month contract, so i'm assuming our last date will be the 17th of month i give notice after. ie send notice off on the 15h of march for leaving 17th april.

speedtwin

franklee wrote: »

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.

But it is important in regard to a s21(4)(a) if it is on the ast that the rent is due on a differant day to the day they moved in.

Planner

speedtwin wrote: »

But it is important in regard to a s21(4)(a) if it is on the ast that the rent is due on a differant day to the day they moved in.

Could you elaborate as to why you think its important?

N79

franklee wrote: »

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.

Guilty as charged. In my defence I always line up rent due dates with the rental periods as I like to keep things simple. You are quite correct that it is merely laziness on my part to make this assumption.

Speedtwin - I am also interested in why you think this makes a difference.

speedtwin

Doesnt a s21(4)(a) 2 months notice period have to end on a day that is the end of a period of the tenancy as according to the Housing Act section 21 (4)(a). Therefore if a tenant moved in on the 1st of the month but later during the tenancy the rent day was changed to the 10th and the tenant made a part payment for the 1st - 9th the new rent period would be 10th - 9th each and that would be the dates used for the s21(4)(a)???????

clairet707

Thanks all

Gosh havent been on all weekend and I come back to an epic... :rotfl:

To clarify, our move in day was the 1st august 2007 but we pay our standing order a few days before (think its the 27 or 28th of the month)

When does this mean we have to give notice for? We had 6 month original contract then rolling periodic


Planner that is why I am loathe to give them the 2 months they demand, I cant face 2 months of nagging, niggling and nit picking and all the possible viewings by the already over zealous LA..

Weve already come to a decision that we are both going to be there for the check out (I work away during the week - hence the move) and are going to watch them like a hawk as they go round... I made sure I noted every single scratch and dent etc on the check in (have been stung before)

Our deposit is protected btw (though cant remember who with, will have to have a look at the weekend)

Planner

speedtwin wrote: »

Doesnt a s21(4)(a) 2 months notice period have to end on a day that is the end of a period of the tenancy as according to the Housing Act section 21 (4)(a). Therefore if a tenant moved in on the 1st of the month but later during the tenancy the rent day was changed to the 10th and the tenant made a part payment for the 1st - 9th the new rent period would be 10th - 9th each and that would be the dates used for the s21(4)(a)???????

The end of a tenancy period will always be the same and correponds with the end date of the original fixed term.

In your scenario above the end of the fixed term would always remain the day before the 1st of the month (so 28th, 29th, 30th or 31st depending on the month!). The tenancy period will always remain monthly as 1st of XXX to last day of XXX.

If the tenant made a part payment, then this would be an agreement between there LL/LA and themselves and wouldnt change the tenancy period. Notice by either LL or tenant would still have to end on the last day of the particular month.

Planner

clairet707 wrote: »

Thanks all

Gosh havent been on all weekend and I come back to an epic... :rotfl:

To clarify, our move in day was the 1st august 2007 but we pay our standing order a few days before (think its the 27 or 28th of the month)

When does this mean we have to give notice for? We had 6 month original contract then rolling periodic


Planner that is why I am loathe to give them the 2 months they demand, I cant face 2 months of nagging, niggling and nit picking and all the possible viewings by the already over zealous LA..

Weve already come to a decision that we are both going to be there for the check out (I work away during the week - hence the move) and are going to watch them like a hawk as they go round... I made sure I noted every single scratch and dent etc on the check in (have been stung before)

Our deposit is protected btw (though cant remember who with, will have to have a look at the weekend)

You should give one full calander months notice ending on the 31st March 2009 (if thats the month you want to move and you serve before last day of this month). On the 31st March 2009 you will have to vacate the property and return the keys.

stolt

Just had a quick look at my tenancy agreement it states.
''term: a term certain of six months from 17th September 2007
Notice: after a period of four months from 17th Septemeber 2007 has elasped this tenancy may only be determined by either party giving to the other at least two months notice in writing to quit
''

so I read in earlier posts thats one months notice is correct, so if we are looking to move (hopefully april) then i really need to ensure he has our notice to quit on or byt he 17th of March!

Planner

stolt wrote: »

Just had a quick look at my tenancy agreement it states.
''term: a term certain of six months from 17th September 2007
Notice: after a period of four months from 17th Septemeber 2007 has elasped this tenancy may only be determined by either party giving to the other at least two months notice in writing to quit
''

so I read in earlier posts thats one months notice is correct, so if we are looking to move (hopefully april) then i really need to ensure he has our notice to quit on or byt he 17th of March!

Thats correct, if you want to leave on the 16th April then your notice must be recieved by the LL/LA on or before the 16th March. As it says 2 months in the contract they will likley argue with you, however the law is on your side so stick to your guns.