Periodic Tenacy problem advice needed please

spectre

Hi , hope someone might be able to give me advice as to what my rights might be on this matter.

We are ending our tenacy on 15th July and gave our notice on the 10th June.

Our letting agents have changed hands during the period of us renting.

A letter we have from the 1st agents states we must give 31days notice to end the tenacy (1months notice) no other condidtions

We have been advised by the current agents that we must give 31days notice to end the same as the first agent (but this must be before the current rent due day 8th of the month) or our liablity is extending too the next rental due date , in this case some 3 weeks after we move out & hence approx 3weeks more rental monies.

This is not stated anywhere in terms of the tenacy agreement that we signed when we moved in some 4 years back.

They claim to have sent a letter stating the new rule but i never recieved this.

What can i do is there any ruling around this ?

i have a letter stating A
they have a letter stating B

Please any comments / thoughts appreciated

thanks

Cissi

It's standard for a periodic tenancy to end on your rent due date, so AFAIK your new agent is right, you can only give notice before the 8th of one month to end your tenancy on the 8th of the following month - sorry. However I'm not sure if the letter that you have from the first letting agent has any bearing in law. I think you need some legal advice on this.

Planner

For clarification, the key date is actually the date in the month that the fixed term ended, rather than rent date. They are often the same, but not always. Assuming that your fixed term came to an end on the 8th of a month, then the agents are correct.

spectre

thanks for replies ,

thought that might be the case this is the 1st time we have rented so wasnt aware of the rules around this notice of moving before rent due date.

The only thing we knew was what was outlined in the letter from the start of the tenency which was just the 31days notice.

spectre

morning all , i was thinking this over last night and kept asking myself how can they force me into the (liable to next month rent rule) when i have never been told nor is it written in any contract / document received from the landlord.

Is the opinion of the previous 2 posters what happens regardless or does anyone think i could make a case out of it..

Cheers

Debt_Free_Chick

spectre wrote: »

morning all , i was thinking this over last night and kept asking myself how can they force me into the (liable to next month rent rule) when i have never been told nor is it written in any contract / document received from the landlord.

Is the opinion of the previous 2 posters what happens regardless or does anyone think i could make a case out of it..

Cheers

It's in the Housing Act. It's one of those things we're supposed to find out about i.e. it's up to us individually to know our rights & obligations.

It's a pity that the first agent didn't explain this! Of course, if the LL agrees then you can move out without incurring the extra rent, but the LL has to agree.

Might be worth "appealing" to the second agent and trying to get them to "let you off".

spectre

thanks for that DFC appreciate it

franklee

Debt_Free_Chick wrote: »

It's in the Housing Act. It's one of those things we're supposed to find out about i.e. it's up to us individually to know our rights & obligations.

It's a pity that the first agent didn't explain this! Of course, if the LL agrees then you can move out without incurring the extra rent, but the LL has to agree.

Might be worth "appealing" to the second agent and trying to get them to "let you off".

The notice a landlord has to give is in the housing act. The notice a tenant has to give isn't, it's common law.

Normally a tenant's notice would need to end at the end of a period, but the agent/landlord can waive this requirement should they wish to.

I would argue that the letter spectre received from the first agent explaining the notice can be relied upon, it sounds to me like that agent has made an offer to waive the end of the period requirement.

The tenant does not have to get the landlord's agreement too, he can treat anything the agent promises as coming from the landlord. If the landlord doesn't like it then he can take issue with the agent that he appointed to act on his behalf.

I do not see how the second agent can unilaterally overturn the written promises of the first agent.