Ending Tenancy... *long read sorry*

Ste88_2

We had given our months notice last month (on the 14th) to which it will end next week (on the 14th) ... we've been in the property over a year now, and we where only tied to a 6-months contract.

Since doing this and paying the fee's and moving into our new home the landlord (well estate agents) is trying to say we had to give our notice before the date of rent is to be paid, basicaly what he's saying is he expects us to give it on the 13th (of which was a sunday so wouldn't of made any difference anyway to him receiving it on the 14th)

So now we're stuck in a dilemma of him saying we must now pay the rent up until November the 14th ... I personaly think he's trying to take advantage of us (as we're youngish ... 20 and 21) and is also trying to keep our months rent in advance we had paid.

We have spoke to the council for advise about this and according to them we're on a periodic tenancy, to which we can give our notice any day of the month thus it ending the next month on that day... however he seems to be making the law up and contracts as he goes along.

Can anyone help us about this as it's extremely worrying as my grandparents are our Guarentor's, he's hasstled them numerous times in the past and with them being how they are they pay through the nose when he threatens a completely disabled 80 year old man with court (as you can understand)

Must note in light of the last paragraph we had paid our rent 3 times a day late, the purpose of a guarentor when was explained to us is that he should contact them IF he cannot get in touch with us.

Basicaly we're just worrying, if anyone can help regarding this it would be very much appreciated.

Sorry for the long read, thanks.

Colincbayley

Your month notice must always end on the last day of a rental period. I.e the day of the month before you pay your rent.

Saying that, they are being pretty unreasonable for the sake of a day!

Ste88_2

Thanks for the prompt reply, I don't suppose you could link me to any online documentation for that? It's just that the council housing support had told us we could actually give it any day of the month sort of thing.

With it being given on the 14th and since we'd paid upto the following 14th of the next month I thought we had done it correctly.

After reading our initial 6-months tenancy contract it states nothing about any dates for it to end or for notice to be given.

The lady at the council office said if we where still under a contracted tenancy with them, then the specific day of the month would apply.

I totally agree that for the sake of a day (especialy since it was a sunday and he wouldnt of got it until the monday) is being extremely unreasonable, however he's always been a bit deceptive with all the false promisses of lowering the rent ... almost paying double of what the other houses where since the mass reduction!

Really at my whits end with them lot.

Colincbayley

There is already another thread along these lines within the last few days. Have a look here.
http://forums.moneysavingexpert.com/showthread.html?t=1996727

Ste88_2

Thank you very much (again)

Have just read through that, and also read through the shelter england terms.

It would seem that we have done it correctly as the example on the Shelter website, and in the thread you linked to state that the person should of given notice on their rent day.

Also example taken from Shelter:

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.

Colincbayley

Ste88 wrote: »

Thank you very much (again)

Have just read through that, and also read through the shelter england terms.

It would seem that we have done it correctly as the example on the Shelter website, and in the thread you linked to state that the person should of given notice on their rent day.

Also example taken from Shelter:

As I said, pretty unresonable for the sake of a day. Your periodoic tenancy goes from the day you pay your rent until the previous day the following month. I really can't see the point of a landlord arguing the toss over a matter of a few hours ( if that! )

clutton_2

Colincbayley's word is to be trusted UTTERLY when it comes to tenancy matters !!!

Several times i have been told utter rubbish by council staff about Landlord and Tenant legislation

Colincbayley

clutton wrote: »

Colincbayley's word is to be trusted UTTERLY when it comes to tenancy matters !!!

Several times i have been told utter rubbish by council staff about Landlord and Tenant legislation

ohhh, my fan club! ( with it's one and only member :rotfl: )