Urgent Advice Needed on Rental notice period

matmcclarenuk

Me and my partner have been living in a property for 9 months on a 6 month contract then a periodic tennancy - month by month..

we just decided we wanted somehting else, paid a holding fee and references then handed in the notice yesterday 29/04/09/ we gave until 02/06/09 and we thought that was one month before the rent was due which is on the 1st of each month.

We then got a call later on from the agency we are with to tell us that we owed them 25 days extra to leave that date because when we initially moved in it was the 25th of the month , and as it was 29th they received the notice that we have to give from 25th to 25th. Therefore because we missed this one we have to pay up to 25th June.

So thats about an extra £550 on top of the holding fee and agency fee to the other company, we are stunned and don't know if we have a leg to stand on so in hope someone can help me i leave this message.

Many thanks!!

Matthew

p.s. in the contract there is a section that states i agree to give notice from the tennancy commencement date, which it states 25th of the month. but I dont pay rent that date, i pay it on the 1st

HEEEEELP !!!

KeepYourChinUp_2

matmcclarenuk wrote: »

Me and my partner have been living in a property for 9 months on a 6 month contract then a periodic tennancy - month by month..

we just decided we wanted somehting else, paid a holding fee and references then handed in the notice yesterday 29/04/09/ we gave until 02/06/09 and we thought that was one month before the rent was due which is on the 1st of each month.

We then got a call later on from the agency we are with to tell us that we owed them 25 days extra to leave that date because when we initially moved in it was the 25th of the month , and as it was 29th they received the notice that we have to give from 25th to 25th. Therefore because we missed this one we have to pay up to 25th June.

So thats about an extra £550 on top of the holding fee and agency fee to the other company, we are stunned and don't know if we have a leg to stand on so in hope someone can help me i leave this message.

Many thanks!!

Matthew

p.s. in the contract there is a section that states i agree to give notice from the tennancy commencement date, which it states 25th of the month. but I dont pay rent that date, i pay it on the 1st

HEEEEELP !!!

You have answered your own question. When you actually pay the rent is irrelevant what matters is the details in the tennancy agreement.

Sorry to give you the bad news & good luck.

pinkshoes

KeepYourChinUp wrote: »

You have answered your own question. When you actually pay the rent is irrelevant what matters is the details in the tennancy agreement.

Sorry to give you the bad news & good luck.

Actually, I'm not sure that's true.

On the Landlordzone, it states that:

The notice period must end at the end of a tenancy payment period: for example, if the rent payment date is on the 20th of each month, the notice period must end on the 20th of the month or the 19th to be on the safe side.

So because they changed the rent period to the 1st of the month (and presumably the tenant paid for the extra few days??), then notice should be given before the rent date.

http://www.landlordzone.co.uk/notice_to_quit.htm

Planner

pinkshoes wrote: »

Actually, I'm not sure that's true.

It is true. Any notice served most end on the same date in the month that the fixed term came to an end. As posted the rent date is irrelevant. A quick phone call to the agents if you where unsure would have given you the correct answer and saved you a significant amount of money,

Lil2002

When I gave notice on my last flat, I used the tenancy commencement date, & was told by the Letting Agent it had to be the 1st of the month (ie later), because that's when I paid my rent.

Isn't it funny how these things never seem to work to the tenants advantage?

tbs624

Pinkshoes - if the original 6 month FT contract began on the 25th of the month then it will have expired on the 24th day of the 6 month. The periodic tenancy would then begin to run from the following day, the 25th, with a rental period of one month because the T previously paid in monthly intervals.

Matthew - you will realise now that you should have properly checked your tenancy agreement and/or confirmed with the LA prior to forking out money for a new place. However, if the LA wanted to move a new T in within your payable notice period (after you have moved out) you can insist on a refund of the balance. You could also try negotiation - if they want to re-let the property they will need to show people round and you do not have to consent to viewings

matmcclarenuk

ok thanks everyone. Looks like a hefty sum to be paid then.

Going to try one other idea. See if new company could let later for an agreed fee?
Watch this space