Renting: How much notice do I have to give?

hopsicle

Hi all, hoping you can help me..

We have been renting a property for 2 years. Originally renting from the ex-partner of the owner, and we had a 6 month tenancy agreement (which was never signed or returned) and paid a £1500 deposit.

About 18 months ago, another lettings agent took on the responsibility and they sent out a contract. This was never signed or returned as we disputed the fact they didn't include our deposit amount in it. They have assured us however that they have a record of our deposit (not in a scheme though).

No inventory or inspection report was carried out when we moved in, or when the new agent took over.

Last week I verbally and emailed saying I would like to give notice and leave on 20th Septmber (i.e. One month). They have said that the notice period has to be one month from the next rent due daye (1st Sept) i.e. saying we have to pay until end September.

As there is no tenancy agreement (no mention of a notice period in the initial contract either), can they do this?

Thanks

N79

hopsicle wrote: »

As there is no tenancy agreement (no mention of a notice period in the initial contract either), can they do this?

Thanks

Your notice period is one month to end at the end of a rental period. If you tenancy started on the 1st of a month then the agents are correct.

Jowo_2

You have a periodic tenancy agreement - your failure to sign a new AST does not over-ride the your obligation to serve the correct notice.

You have made a wrong assumption that you can serve a month's notice at any point during the rental period. For the periodic tenancy that you have (which happens automatically when a fixed term agreement lapses), it has to coincide with the rental period, therefore the agent is correct and you are obliged to pay rent until then.

http://england.shelter.org.uk/get_advice/renting_and_leasehold/ending_a_tenancy_or_licence/ending_a_periodic_agreement#1

If the landlord decided to serve notice on you, they are obligated to give periodic tenants two months notice. Again, they must ensure the notice expires with the rental period. It works both ways.

tbs624

Jowo wrote: »

...For the periodic tenancy that you have (which happens automatically when a fixed term agreement lapses), it has to coincide with the rental period, therefore the agent is correct and you are obliged to pay rent until then.....

It does depend on whether the rent due date lines up with the start of the statutory periodic tenancy. Hopsicle , if your original Fixed Term ended on the last day of the month , and your rent payments are due on the 1st of each month then your rental period clearly coincides with your rent due date. However, if for example your original contract ended on the 20th ( despite you having a rent due date of the 1st of the month) then your rental period runs from 21st to the 20th and notice should be given to tie in with those dates unless both parties agree otherwise.

hopsicle

ahh, thank you for clarifying this for me. Yes, I have wrongly assumed one month means 30/31 days from the day I give notice.

There is no signed agreement and no contract from this current agency, plus I moved in mid-month... HOWEVER, as I've always paid the rent on the 1st day of the month, I suppose they can count this as the rental period date.

N79

hopsicle wrote: »

ahh, thank you for clarifying this for me. Yes, I have wrongly assumed one month means 30/31 days from the day I give notice.

There is no signed agreement and no contract from this current agency, plus I moved in mid-month... HOWEVER, as I've always paid the rent on the 1st day of the month, I suppose they can count this as the rental period date.

No the rental period will be monthly starting from the day of the month you moved in.

ie moved in on the 20th then rental period is 20th to the 19th of the following month etc.

Jowo_2

To clarify and apologies for introducing any confusion, Shelter says the following "it is always best to give notice in writing and ensure that the notice ends on the first or last day of the period of a tenancy. For example, if your tenancy is monthly and started on the fifth day of the month, the notice you give the landlord should end on the fourth or the fifth" and their advisers are happy to help with any doubts on dates.