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Periodic tenancy - notice period by tenant
Goodymp
Posts: 13 Forumite
My OH and I rent a flat. We were given notice by the LL to move out at the end of our 6 month term as he was selling his current property and moving in to ours. We decided to use this opportunity to buy and found a house we liked. In the meantime the LL changed his mind about selling / moving back and we were told we could stay on in the flat on a monthly basis until we were ready to move. This seemed ideal as the chain was not complete and we didn't know how long the buying process would take. In hindsight we should have moved to friends or the parents.
Last week we exchanged on our house and promptly emailed and hand delivered our letter giving notice to the LA. We understood (from reading these forums) the notice should be 1 month from the date of rent payment, a shame because we exchanged the day after our rent was due. ie we paid rent on 27th August, gave notice on 28th and therefore believe we are due to leave the flat on 26th October (although we will leave before as would rather live in the house we are paying the mortgage on rather than the flat).
Our LA today quoted the Section 21 notice to quit which apparently states it has to be 2 months from the next date rent is due, as the tenancy agreement originally in place still applies with regards giving notice.
I wonder if anyone can clarify this for me? Thank you
Last week we exchanged on our house and promptly emailed and hand delivered our letter giving notice to the LA. We understood (from reading these forums) the notice should be 1 month from the date of rent payment, a shame because we exchanged the day after our rent was due. ie we paid rent on 27th August, gave notice on 28th and therefore believe we are due to leave the flat on 26th October (although we will leave before as would rather live in the house we are paying the mortgage on rather than the flat).
Our LA today quoted the Section 21 notice to quit which apparently states it has to be 2 months from the next date rent is due, as the tenancy agreement originally in place still applies with regards giving notice.
I wonder if anyone can clarify this for me? Thank you
0
Comments
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You are correct. LA is wrong.0
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Unlucky with the date of exchange being one day after, but as PN says, YOU are correct, and it is ONE month notice, so you can move out on 26th October.
LA is probably confused with what THEY have to give you if they want you to move out, as it's 2 months for them!Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
From Shelter England, if you want something to show the LA
http://england.shelter.org.uk/get_advice/renting_and_leasehold/ending_a_tenancy_or_licence/ending_a_periodic_agreementRENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
Read the sticky on the House Buying, Renting & Selling board.0
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