Notice period, a lot of money and other questions

Fly_Baby

We gave the notice to end our tenancy on 7 June expecting to move out on 6 July. We have already secured a new place into which we we are moving in on 2 July. There is a small overlap but that's OK.

Today I got a call from our EA saying that under our contract our tenancy must end at the last day of a period of the tenancy, which in our case is 29th. So in fact even though I gave notice on 7 June, we are bound until 28 July (i.e. 7 weeks).

The contract says: ""the tenancy can be ended at any time giving minimum 1 month notice, the notice expires at the last day of a period". Does that mean the last rental day then? So does the clause about notice in fact mean "1 month plus whatever left until the rental period"? Are they right?

According to them, looks like I am stuck with paying two quite high rents for a whole month.

Are there any ways around it?

PasturesNew

Yes. Unfortunately. Join these two bits together:
"MINIMUM 1 month ...." and "EXPIRES .. last day"

From your dates you started on the 29th of a month, so the last day will always be the 28th. So the minimum 1 month's notice would be giving notice on the 28th for one month.

If you'd given notice on the 29th it would have effectively meant 2 months' notice would have been required. It always ends on the 28th in your contract.

So he's right.

The only "get out" is if they can get a new tenant in sooner.

theartfullodger

The classic approach is to offer to help find a new tenant/be very flexible about when any prospective tenants want to view/keep the place immaculate so new tenants are enthusiastic/offer whatever other inducements may be appropriate...

Otherwise, sadly, Letting agent/Landlord is correct.

If the boot was on the other foot, how would you have felt if had wanted to stay but the Landlord had wanted you to leave before your minimum notice period if you needed ???

Cheers!

Lodger

foi1983

Fly_Baby wrote: »

We gave the notice to end our tenancy on 7 June expecting to move out on 6 July. We have already secured a new place into which we we are moving in on 2 July. There is a small overlap but that's OK.

Today I got a call from our EA saying that under our contract our tenancy must end at the last day of a period of the tenancy, which in our case is 29th. So in fact even though I gave notice on 7 June, we are bound until 28 July (i.e. 7 weeks).

The contract says: ""the tenancy can be ended at any time giving minimum 1 month notice, the notice expires at the last day of a period". Does that mean the last rental day then? So does the clause about notice in fact mean "1 month plus whatever left until the rental period"? Are they right?

According to them, looks like I am stuck with paying two quite high rents for a whole month.

Are there any ways around it?

Hi,

Were you on a periodic tenancy agreement ie. had your fixed term AST expired and you were on a rolling contract?

Fly_Baby

theartfullodger wrote: »

If the boot was on the other foot, how would you have felt if had wanted to stay but the Landlord had wanted you to leave before your minimum notice period if you needed ???

Cheers!

Lodger

The thing is, I was sure that the notice period is just 1 month - not 1 month plus whatevre is left until the last rental day. And when signing the agreement I double-checked it with the agent - they confirmed that yes, I can give notice at any time, yes, it's just one month that you will have to stay after that. They never clarified what it actually meant - "expires on the last day of a period".

I've rented before and all other EAs never had this condition that the notice must expire on the rental day.

I know it is my oversight in any case - should have bothered to have a lawyer to check the contract, but having been a private tenant for a while I thought I knew it all. I am just really upset being 700 out of pocket.

Fly_Baby

foi1983 wrote: »

Hi,

Were you on a periodic tenancy agreement ie. had your fixed term AST expired and you were on a rolling contract?

This agency insisted on signing a new agreement every year. There was no 6 month break clause, it could be ended at any point. We have been their tenants for 2 years 3 months in total.

I tried to argue that suggesting that we carry on as a rolling contract but they said that that's the way the work.

foi1983

Fly_Baby wrote: »

This agency insisted on signing a new agreement every year. There was no 6 month break clause, it could be ended at any point. We have been their tenants for 2 years 3 months in total.

I tried to argue that suggesting that we carry on as a rolling contract but they said that that's the way the work.

Right, I am getting confused here. If your fixed AST is going to end on the 29th then you cant leave before that and to be honest, you don't have to give notice on a fixed term AST, although it is polite to do so.

You say that you signed a contract every year and there is no break clause but you have been tenants for 2 years and 3 months and are moving out soon. Are you leaving 9 months early?

Colincbayley

foi1983 wrote: »

Right, I am getting confused here. If your fixed AST is going to end on the 29th then you cant leave before that

The OP can move out any time they like! Although they would still be bound by the terms of any AST ( Pay rent etc )

Fly_Baby

foi1983 wrote: »

Right, I am getting confused here. If your fixed AST is going to end on the 29th then you cant leave before that and to be honest, you don't have to give notice on a fixed term AST, although it is polite to do so.

You say that you signed a contract every year and there is no break clause but you have been tenants for 2 years and 3 months and are moving out soon. Are you leaving 9 months early?

Thanks for your reply.

My current AST is called "Extension Agreement". The initial tenancy was for 1 year, then we signed the Extension agreement (a 1 page document which was a supplement to the original agreement), again for 1 year. When this agreement expried, we again signed a new Extension agreement, still for 1 year.

That's the way this EA operates.

Under the extension agreement, there is no obligation to stay for 6 months minimum, I just have to give 1 month notice at any point (so does the landlord) and can end the tenancy at any point during the tenancy period.

Doozergirl

Fly_Baby wrote: »

Under the extension agreement, there is no obligation to stay for 6 months minimum, I just have to give 1 month notice at any point (so does the landlord) and can end the tenancy at any point during the tenancy period.

Right. That's a rather canny way for the estate agent to make money out of what is exactly a statutory periodic agreement. You didn't need to sign anything at all for that to stand. The 1 year extension is completely worthless when either party can give notice when they like!!

The clause you have is a completely standard clause in any tenancy agreement I've ever seen.

The only solution I can think of is that you delay moving into your new place for as long as you can, even if it's just a week to save a bit of cash.

Fly_Baby

Doozergirl wrote: »

Right. That's a rather canny way for the estate agent to make money out of what is exactly a statutory periodic agreement. You didn't need to sign anything at all for that to stand. The 1 year extension is completely worthless when either party can give notice when they like!!

The clause you have is a completely standard clause in any tenancy agreement I've ever seen.

The only solution I can think of is that you delay moving into your new place for as long as you can, even if it's just a week to save a bit of cash.

Cannot do that, very unfortunately. We've paid the holding deposit for the new house and our future landlord will have been holding the house for over a month for us. We tried to negotiate the later moving in date but they didn't go for it.

I was actually going to write a begging letter to my current landlady and see if she would be willing to let us end the tenancy earlier. She's been very good to us so far. Worth a try, I guess.