Is this legal?

catye

Hello - I'd really appreciate some advice please.
I'm currently renting on an Assured Shorthold Tenancy periodic monthly agreement. I'm moving out because of a damp problem and have given my 1 month notice today (1st Sept).
However, my rent payment date is the 23rd of the month so my landlord & current estate agent are saying that I will have to pay another full month's rent on the 23rd of this month. The wording on the periodic contract that I signed is that 1 month notice is to be given prior to the date my rent is due (which in my opinion could mean any day of the month). I was under the impression that any monthly overlap re the notice would be calculated, for example, on a daily rate or something similar.
Can anyone tell me where I stand legally on this matter? Can they make me pay for another full month from the 23rd or should my remaining rent be calculated from the day I give my notice?
Many thanks in advance for any advice

clutton_2

when did you sign your last tenancy agreement ?

debtfreein4years

you are not entitled to any pro rata rent unless it is in your contract or agreeded with your landlord.

if you were to leave on the 22nd september, you would have had to give notice before the 22nd possibly the 21st of august. so you do have to pay for the property till the 22nd october and will still have the rights to the property till that date.

catye

Thanks very much for the fast replies, that's really helpful.:beer:
Being an avid Martin follower I like to make sure I'm not being ripped off!:rotfl:

Clutton - I last signed an agreement a day or 2 after my fixed term agreement ended on 23rd July 2009.

DVardysShadow

catye wrote: »

... The wording on the periodic contract that I signed is that 1 month notice is to be given prior to the date my rent is due (which in my opinion could mean any day of the month). I was under the impression that any monthly overlap re the notice would be calculated, for example, on a daily rate or something similar.

Yes, you can give notice any time you like

BUT

it takes effect from the next rent day

catye

Thanks again for the replies.

Can anyone please tell me, even though I won't be living there anymore (I actually got a date for moving next wkend) am I still responsible for paying the council tax/electricity/water etc. up until the 22nd Oct.? Or does my responsibility end when I hand back the keys?

debtfreein4years

your responsble for the council tax and everything else, but with the gas and electric if your not living there then you wont be using anything will you? so you wont have a bill for that month. not sure about the water as there are standing charges etc to be paid monthly.

p00hsticks

DVardysShadow wrote: »

Yes, you can give notice any time you like

BUT

it takes effect from the next rent day

I think that it's actually from the day on which the tenancy started, which isn't necessarily the same as the day on which the rent is paid.

So for example, if you signed your tenancy agreement to start on the 5th of the month, and you pay rent monthly, then you have to give at least one full months notice to finish on the 5th of the month.

http://england.shelter.org.uk/get_advice/renting_and_leasehold/ending_a_tenancy_or_licence

clutton_2

""I last signed an agreement a day or 2 after my fixed term agreement ended on 23rd July 2009.

"

so you have signed a new 6 months agreement on 25th july and you are moving out already ? You need to be Very nice to your LL and letting agent as you have signed a legally binding contract for 6 months and they are well within their rights to insist that you pay the rent untili a new tenant is found - and they can also ask you to pay for the advertising costs

if the LL had wanted you out just 2 months after you had signed the agreement you would be jumping up and down ......

catye

Clutton - sorry maybe I was a little unclear with my explanation. Thanks for the reply, I realise that would be the case in that situation, but it wasn't a new 6 month contract that I signed. After my initial 6 month contract (that ended on 23rd July) I signed a 1 month rolling contract.

To everyone who has replied thanks for your input & advice!

Debt_Free_Chick

catye wrote: »

Clutton - sorry maybe I was a little unclear with my explanation. Thanks for the reply, I realise that would be the case in that situation, but it wasn't a new 6 month contract that I signed. After my initial 6 month contract (that ended on 23rd July) I signed a 1 month rolling contract.

Are you sure you signed a one month rolling contract? That's not normally necessary. Once an AST expires, it automatically becomes a rolling one month contract with no new agreement necessary.

Can you check the new agreement you signed? Does it refer to a fixed term. Read it carefully - are you sure you haven't signed a new 6 month AST?

As for giving notice .... the date you give notice doesn't matter. You can give notice any day you like. However, the notice period doesn't start until the first day of the next "rent period". Again, this should be clear from the contract. It's the first day of occupancy covered by your rent payment. Usually, it's the day the rent is due ... but not always.

If you've signed a new AST then you're liable for the rent for the fixed period (usually six months from the start of the new AST).

If you're on a rolling one month contract, then you're liable for the next month's rent, beginning with the rent period following the date you gave notice. You are also entitled to occupy for this period too, so you are liable for all associated costs, including Council Tax and Utilities.