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giving notice to end tenancy

Hi,

we are currently on a month by month tenancy agreement, and pay our rent on the 14th of each month.

We have being looking for a while for somewhere else to move to, and have found somewhere, and can move in on the 28th December.

If we give our notice today, (or on the 28th November?) of 4 weeks - what would happen to our rent on the 14th December - would we just pay for 2 weeks as we would be leaving on the 28th. We would have given the full 4 weeks notice as required.

Thanks

Comments

  • tek-monkey
    tek-monkey Posts: 1,434 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    In most rentals I have been in, your tenancy runs from rental dates. Therefore if your rent is paid on the 14th, you must give them one month from the next 14th.

    I am in a similar situation, my rental date is the 25th and I'm currently unsure if I can move into the new place before christmas. I need to either give notice before November 25th and hope, or give notice nearer the time and be stuck paying rent until January 25th.
  • Jowo_2
    Jowo_2 Posts: 8,308 Forumite
    You have to time the expiry of the notice period with the end of the rental period - it's not enough just to give 4 weeks notice at any point. Also 4 weeks is not a month - there are up to 31 days in a month.

    The Shelter website explains, with an example, how to end a periodic tenancy.

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

    Is the 14th also the date that the tenancy commenced? i.e. is the start of the tenancy and date the rent paid is the same?
  • Four weeks isn't a month. The one month's notice needs to coincide with the rent-day, so you should have given notice before the 14th in order to vacate on the 13th of the month following so you've just missed the November deadline to vacate on the 13th December. Speak to your landlord as they might be willing to be flexible but finding new tenants right before Christmas might be difficult for them aso they might choose to hold you to the terms of your agreement
  • Jowo_2
    Jowo_2 Posts: 8,308 Forumite
    Like Bitter and Twisted, I wonder whether whether you would be liable to pay the rent up to the 14th of January by moving out mid rental period.

    If that's the case, you could ask the landlord of the new property if they would consent to you moving in Mid january so there's no overlap, or ask the current landlord if they'd accept a late Dec surrender.
  • tek-monkey
    tek-monkey Posts: 1,434 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I am hoping that, as there is no way they can re-let it over christmas, they will let me stay an extra 2 weeks just to be safe. However, if they say no I'll just quit as planned for christmas day and pray my new place is ready!
  • tbs624
    tbs624 Posts: 10,816 Forumite
    antwilson wrote: »
    Hi,

    we are currently on a month by month tenancy agreement, and pay our rent on the 14th of each month.

    We have being looking for a while for somewhere else to move to, and have found somewhere, and can move in on the 28th December.

    If we give our notice today, (or on the 28th November?) of 4 weeks - what would happen to our rent on the 14th December - would we just pay for 2 weeks as we would be leaving on the 28th. We would have given the full 4 weeks notice as required.

    Thanks
    Bitter and Twisted is right ( apart from it always being the rent day that is relevant) . Assuming that your original Fixed Tenancy expired on the 13th your subsequent rental periods under a Statutory Periodic Agreement will run from the 14th of one month to the 13th of the next. You have therefore missed the date for giving notice to leave in December unless your LL agrees otherwise. Any notice given this week or next effectively takes you through until 13 January.

    It is precisely because, as Tek-monkey says, lettings tends to be slow across the Xmas New Year period that the LL/LA is likely to insist that you stick to the formal terms of notice/
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