Need some advice over low income rental pse.

Jowo_2

On the LHA front, note that there is something called an interim HB payment or payment on account which means the local authority must cough up a HB payment after 14 days, I think, if they've received sufficient information to process the claim but haven't managed to. This has to be requested by the claimant.

On the notice front, verify the 2 months notice with Shelter. Essentially a fixed term notice is that - the tenant can usually leave on the last day without giving any notice though it is a courtesy (and basic communication/manners) to notify the landlord in advance of any intention to leave. Therefore I wonder whether that 2 month notice clause in the contract is unenforceable.

By the sounds of it, everyone is keen for them to leave an expensive under-used flat in Feb. If, however, they do not sign a new contract (even if offered) but stay in the property the day after it expires, it automatically becomes a periodic tenancy. This rolls on a month to month basis (if the rent is paid monthly) until either the tenant gives 1 months notice or the landlord gives the tenants 2 months notice. Notice must expire with the rental period so care has to be taken with the timing of it. This info is just to give you the heads up should the tenants need to stay past the current fixed term and do not want to sign a new 6 month agreement.

Fire_Fox

katieowl wrote: »

I asked DD to check when they needed notice to be given back in September, when we had to pay up another six months. They told her then that she needed to give two months notice... So we'd agreed they would do it before Xmas to give them plenty of time. That was before the BF lost his job.

Kate

Legally it's only one months notice starting on a rent day, however that assumes the rent period is monthly. A tenant can also legally move out with no notice on the last day of the AST but that is a bit rude! Did your daughter get the two months in writing? We have had cases on here where the goal posts are moved due to badly written break clauses.

katieowl_2

Fire_Fox wrote: »

Legally it's only one months notice starting on a rent day, however that assumes the rent period is monthly. A tenant can also legally move out with no notice on the last day of the AST but that is a bit rude! Did your daughter get the two months in writing? We have had cases on here where the goal posts are moved due to badly written break clauses.

Not in writing - they told her on the phone... I've a good relationship with the EA that the flat was rented through, perhaps I should call them? (They are the EA that sold our house) I've been trying to get her to deal with everyone, as it's good practice :rolleyes: I want to stop being 'mummy'

Fire_Fox

Get your daughter to have this two months confirmed in writing. And you are dead right, it's good practice! This is an explanation of the 1988 Housing Act:

Ending a fixed term tenancy agreement
Many fixed term agreements contain a 'break clause', which allows a tenant to end the agreement before the fixed term runs out. It is important for landlords to be aware of the implications of including such a clause. If the agreement doesn't include such a clause then a tenant cannot end the tenancy early without the landlord's agreement. If the tenant leaves anyway they can still be liable for the rent to the end of the period. If it does include a break clause, the tenant will be able to leave early provided they follow the procedure laid out in the clause, for example the amount of notice they must give.
If the agreement is for a fixed term, a tenant has the right to leave on the last day of the fixed term without giving any notice. If they stay even one day over the fixed term, they will automatically become a periodic tenant and will have to give proper notice unless the landlord agrees to them leaving. A landlord can end a tenancy at the end of the fixed term (usually 6 months) provided that the tenant has been given two months written notice in the form of a section 21 notice to quit. It may be possible for a landlord to end a fixed tenancy early if certain grounds have been met. For further information see Ending a tenancy agreement early.

Ending a periodic tenancy agreement

If the agreement is periodic (rolling from week to week or month to month), a tenant will normally have to give at least four weeks' notice to end it, or a calendar month if it is a monthly tenancy. The notice must be in writing and must end on the first or last day of the tenancy, unless the tenancy agreement allows it to be ended on a different day. If rent is paid less frequently a tenant has to give at least one rental period of notice. So if rent is paid every two months, two months notice would be required.A tenant may choose to end a periodic tenancy be issuing a valid notice to quit to the landlord. Once the notice expires then the tenant’s agreement will have ended.

http://www.tenancyagreementservice.co.uk/ending-a-tenancy-agreement.htm