problem with the moving out date ..advice..

calender2008

Hai,
I have been renting a property for 2 years now, which initially was for 6 months and the rolled over.(rent paid on the 1st of every month.) We were thinking of moving and called our landlord on 11th july to let him know that we would be moving..as the landlord was on holiday ,he said will call back when he gets back. when the landlord called me on 14th tuesday I told him it would be end of August that we would like to move. but the landlord is saying he has taken the day we called as the day of notice and that we should vacate the property by 11th august, and if dont move he will remove our things to storage and will only release upon payment of fees.
we dont have a place to move in that quickly..
dont know what to do now..
any advice appreciated...

DVardysShadow

calender2008 wrote: »

Hai,
I have been renting a property for 2 years now, which initially was for 6 months and the rolled over.(rent paid on the 1st of every month.) We were thinking of moving and called our landlord on 11th july to let him know that we would be moving..as the landlord was on holiday ,he said will call back when he gets back. when the landlord called me on 14th tuesday I told him it would be end of August that we would like to move. but the landlord is saying he has taken the day we called as the day of notice and that we should vacate the property by 11th august, and if dont move he will remove our things to storage and will only release upon payment of fees.
we dont have a place to move in that quickly..
dont know what to do now..
any advice appreciated...

Assuming you have an AST, and it has now gone 'statutory periodic' certain rules will apply. If your rent day is 1st of month, then your notice day is the same day, and your notice period is 1 month. ie the earliest you could have given notice for was 31st August if you called on 11th July. The Landlord must give 2 months notice, so the earliest he can have you out is 31st September from his call of 14th July. Notice only works in whole months from rent day and moving day is always the last day before rent day - unless both Landlord and Tenant agree otherwise.

You should give notice in writing anyway, so give notice in writing now, before 1st August, for 31st August. Refer to your call to your landlord as an 'informal indication of intent' and you should be OK

theartfullodger

If LL moves your stuff before you've left it'll be harassment & he'll be in trouble. If he does move stuff call the Police & report theft, mention it may be LL.. Then report him to local council Private renting section (or similar name..)

Hopefully Landlord is reading this thread & will recognise both the dates & then the error of his ways (and go get educated in his responsibilities...)

Cheers!

Lodger

calender2008

Thank you DVardysShadow and theartfullodger
Thank you so much for your help...Your information is really helpful.
really appreciate it..

tbs624

DVardysShadow wrote: »

Assuming you have an AST, and it has now gone 'statutory periodic' certain rules will apply. If your rent day is 1st of month, then your notice day is the same day, and your notice period is 1 month. ie the earliest you could have given notice for was 31st August if you called on 11th July.

It depends on the expiry date of the original Fixed Term - the rental period for a stat periodic runs from the date after that, which may or may not coincide with a rent due date.

So, for example, if your original FT expires 14 May, each new rental period operates 15th to the 14th of the subsequent months so the T would need to give written notice by the 15th of one month to leave before the 14th, *even* if rent payable on the 1st.


calender2008 - as the others have indicated the LL cannot simply remove your belongings, and its a criminal offence to harass tenants. The local Council have a Tenancy Relations Officer/Landlord Liaison Officer whose job it is to deal with issues like this within the private rentals sector and they can give you support, speaking direct to the LL if necessary. Good luck with finding somehwre new . Your current LL sounds like an idiot.

calender2008

Thank you all for your advice..
I contacted the agents today, who did our contracts when we moved in. They also confirmed that the LL cannot ask to move out on 11th and that once we give a written notice we have till the end of august to move out.
Also advised to contact Citizens advice bureau , so went to citizens advice bureau and they also said the same thing...

So feeling a bit relieved that we will not be without a place to stay....

I dont want to have a rough situation so going to be nice and explain the situation to LL again and see what the outcome is...

Thank you all again for your advice...